# CE2004102EN.01002101.xml

| 28.4.2004 | EN | Official Journal of the European Union | CE 102/21 |
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28.4.2004

EN

Official Journal of the European Union

CE 102/21

---

MINUTES

(2004/C 102 E/01)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Renzo IMBENI

Vice-President

1.   Opening of session

Pursuant to Article 196, first paragraph, of the EC Treaty and Rule 10(2), the 2004-2005 session of the European Parliament opened.

2.   Opening of sitting

The sitting opened at 9.00.

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

(announcement of motions for resolutions tabled)

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

| I. | UKRAINE







  — | Marie Anne Isler Béguin and Elisabeth Schroedter, on behalf of the Verts/ALE Group, on Ukraine (B5-0129/2004); |
| --- | --- | --- |

I.

UKRAINE

UKRAINE

—

Marie Anne Isler Béguin and Elisabeth Schroedter, on behalf of the Verts/ALE Group, on Ukraine (B5-0129/2004);

| — | Bastiaan Belder, on behalf of the EDD Group, on Ukraine (B5-0132/2004); |
| --- | --- |

—

Bastiaan Belder, on behalf of the EDD Group, on Ukraine (B5-0132/2004);

| — | Bob van den Bos, on behalf of the ELDR Group, on Ukraine (B5-0135/2004); |
| --- | --- |

—

Bob van den Bos, on behalf of the ELDR Group, on Ukraine (B5-0135/2004);

| — | Isabelle Caullery, on behalf of the UEN Group, on Ukraine (B5-0137/2004); |
| --- | --- |

—

Isabelle Caullery, on behalf of the UEN Group, on Ukraine (B5-0137/2004);

| — | Jan Marinus Wiersma and Margrietus J. van den Berg, on behalf of the PSE Group, on Ukraine (B5-0139/2004); |
| --- | --- |

—

Jan Marinus Wiersma and Margrietus J. van den Berg, on behalf of the PSE Group, on Ukraine (B5-0139/2004);

| — | Bernd Posselt, Gabriele Stauner and Charles Tannock, on behalf of the PPE-DE Group, on Ukraine (B5-0141/2004); |
| --- | --- |

—

Bernd Posselt, Gabriele Stauner and Charles Tannock, on behalf of the PPE-DE Group, on Ukraine (B5-0141/2004);

| — | Luigi Vinci, on behalf of the GUE/NGL Group, on Ukraine (B5-0143/2004); |
| --- | --- |

—

Luigi Vinci, on behalf of the GUE/NGL Group, on Ukraine (B5-0143/2004);

| II. | VENEZUELA







  — | Fernando Fernández Martín and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on Venezuela (B5-0123/2004); |
| --- | --- | --- |

II.

VENEZUELA

VENEZUELA

—

Fernando Fernández Martín and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on Venezuela (B5-0123/2004);

| — | Rolf Linkohr, Manuel Medina Ortega, Giovanni Pittella and Margrietus J. van den Berg, on behalf of the PSE Group, on the human rights situation in Venezuela (B5-0126/2004); |
| --- | --- |

—

Rolf Linkohr, Manuel Medina Ortega, Giovanni Pittella and Margrietus J. van den Berg, on behalf of the PSE Group, on the human rights situation in Venezuela (B5-0126/2004);

| — | Alima Boumediene-Thiery, Monica Frassoni, Alain Lipietz, Miquel Mayol i Raynal, Camilo Nogueira Román and Josu Ortuondo Larrea, on behalf of the Verts/ALE Group, on the human rights situation in Venezuela (B5-0128/2004); |
| --- | --- |

—

Alima Boumediene-Thiery, Monica Frassoni, Alain Lipietz, Miquel Mayol i Raynal, Camilo Nogueira Román and Josu Ortuondo Larrea, on behalf of the Verts/ALE Group, on the human rights situation in Venezuela (B5-0128/2004);

| — | Anne André-Léonard and Bob van den Bos, on behalf of the ELDR Group, on Venezuela (B5-0136/2004); |
| --- | --- |

—

Anne André-Léonard and Bob van den Bos, on behalf of the ELDR Group, on Venezuela (B5-0136/2004);

| — | Fausto Bertinotti, Ilda Figueiredo, Pedro Marset Campos and Francis Wurtz, on behalf of the GUE/NGL Group, on Venezuela (B5-0144/2004); |
| --- | --- |

—

Fausto Bertinotti, Ilda Figueiredo, Pedro Marset Campos and Francis Wurtz, on behalf of the GUE/NGL Group, on Venezuela (B5-0144/2004);

| — | Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the situation in Venezuela (B5-0147/2004); |
| --- | --- |

—

Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the situation in Venezuela (B5-0147/2004);

| III. | BURMA







  — | Ulla Margrethe Sandbæk, on behalf of the EDD Group, on Burma/Myanmar (renewal of sanctions) (B5-0127/2004); |
| --- | --- | --- |

III.

BURMA

BURMA

—

Ulla Margrethe Sandbæk, on behalf of the EDD Group, on Burma/Myanmar (renewal of sanctions) (B5-0127/2004);

| — | Bob van den Bos, on behalf of the ELDR Group, on Burma (B5-0134/2004); |
| --- | --- |

—

Bob van den Bos, on behalf of the ELDR Group, on Burma (B5-0134/2004);

| — | Glenys Kinnock and Margrietus J. van den Berg, on behalf of the PSE Group, on Burma (B5-0138/2004); |
| --- | --- |

—

Glenys Kinnock and Margrietus J. van den Berg, on behalf of the PSE Group, on Burma (B5-0138/2004);

| — | Philip Bushill-Matthews, John Walls Cushnahan, Nirj Deva, Thomas Mann, Bernd Posselt and Geoffrey Van Orden, on behalf of the PPE-DE Group, on Burma (B5-0140/2004); |
| --- | --- |

—

Philip Bushill-Matthews, John Walls Cushnahan, Nirj Deva, Thomas Mann, Bernd Posselt and Geoffrey Van Orden, on behalf of the PPE-DE Group, on Burma (B5-0140/2004);

| — | Yasmine Boudjenah, Marianne Eriksson and Luisa Morgantini, on behalf of the GUE/NGL Group, on Burma (B5-0145/2004); |
| --- | --- |

—

Yasmine Boudjenah, Marianne Eriksson and Luisa Morgantini, on behalf of the GUE/NGL Group, on Burma (B5-0145/2004);

| — | Patricia McKenna, on behalf of the Verts/ALE Group, on Burma/Myanmar (renewal of sanctions (B5-0146/2004). |
| --- | --- |

—

Patricia McKenna, on behalf of the Verts/ALE Group, on Burma/Myanmar (renewal of sanctions (B5-0146/2004).

Speaking time would be allocated in accordance with Rule 120.

4.   Documents received

The following documents had been received:

| 1) | from the ITRE Committee:







  — | ***II Recommendation for second reading on the Council common position for adopting a European Parliament and Council decision on Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC) (14816/1/2003 — C5-0017/2004 — 2003/0147(COD)) — Committee on Industry, External Trade, Research and Energy.
  Rapporteur: Imelda Mary Read
  (A5-0124/2004) |
| --- | --- | --- |

1)

from the ITRE Committee:

from the ITRE Committee:

—

***II Recommendation for second reading on the Council common position for adopting a European Parliament and Council decision on Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC) (14816/1/2003 — C5-0017/2004 — 2003/0147(COD)) — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Imelda Mary Read

(A5-0124/2004)

| 2) | from Members:

  written declaration for entry in the Register (Rule 51):






  — | Anne E.M. Van Lancker, Jan Dhaene, Saïd El Khadraoui and Nelly Maes, on airport noise nuisance (18/2004). |
| --- | --- | --- |

2)

from Members:

from Members:

written declaration for entry in the Register (Rule 51):

—

Anne E.M. Van Lancker, Jan Dhaene, Saïd El Khadraoui and Nelly Maes, on airport noise nuisance (18/2004).

5.   Official feed and food controls ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council regulation on official feed and food controls [COM(2003) 52 — C5-0032/2003 — 2003/0030(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Marit Paulsen

(A5-0449/2003)

David Byrne (Member of the Commission) spoke.

Christa Klaß, on behalf of the PPE-DE Group, asked for the vote to be postponed (the President reminded her that, under Rule 146(4), such requests could only be made at the time of the vote).

Marit Paulsen introduced the report.

The following spoke: Neil Parish (draftsman of the opinion of the AGRI Committee), Christa Klaß, on behalf of the PPE-DE Group, Margrietus J. van den Berg, on behalf of the PSE Group, Bart Staes, on behalf of the Verts/ALE Group, Liam Hyland, on behalf of the UEN Group, Jean-Louis Bernié, on behalf of the EDD Group, Robert Goodwill, Phillip Whitehead, Hiltrud Breyer, Patricia McKenna and David Byrne.

The debate closed.

Vote: Item 9.23

Item 9.23

6.   Intellectual property ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council directive on measures and procedures to ensure the enforcement of intellectual property rights [COM(2003) 46 — C5-0055/2003 — 2003/0024(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Janelly Fourtou

(A5-0468/2003)

David Byrne (Member of the Commission) spoke.

Janelly Fourtou introduced the report.

The following spoke: Luis Berenguer Fuster (draftsman of the opinion of the ITRE Committee), Angelika Niebler, on behalf of the PPE-DE Group, and Arlene McCarthy, on behalf of the PSE Group.

IN THE CHAIR: Giorgos DIMITRAKOPOULOS

Vice-President

The following spoke: Toine Manders, on behalf of the ELDR Group, Geneviève Fraisse, on behalf of the GUE/NGL Group, Raina A. Mercedes Echerer, on behalf of the Verts/ALE Group, Marco Cappato, Nonattached Member, Francesco Fiori, Manuel Medina Ortega, Willy C.E.H. De Clercq, Neil MacCormick, Malcolm Harbour, Reino Paasilinna, Elly Plooij-van Gorsel, Claude Turmes, Paolo Bartolozzi and Marcelino Oreja Arburúa.

The debate closed.

Vote: Item 9.24

Item 9.24

7.   Simplifying and improving Community regulation (debate)

(debate)

Third report on the Commission communications on simplifying and improving the regulatory environment [COM(2001) 726 — C5-0108/2002 — 2002/2052(COS)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Manuel Medina Ortega

(A5-0118/2004)

David Byrne (Member of the Commission) spoke.

Manuel Medina Ortega introduced the report.

The following spoke: Malcolm Harbour, on behalf of the PPE-DE Group, Ioannis Koukiadis, on behalf of the PSE Group, and Giuseppe Gargani.

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

The debate closed.

Vote: Item 9.32

Item 9.32

8.   Correct implementation of the EC-Israel association agreement (Oral questions with debate)

(Oral questions with debate)

Oral question by Joost Lagendijk, on behalf of the Verts/ALE Group, to the Commission, Achieving the correct implementation of the EC-Israel Association Agreement (B5-0067/2004).

Oral question by Luisa Morgantini, on behalf of the GUE/NGL Group, to the Commission, Achieving the correct implementation of the EC-Israel Association Agreement (B5-0068/2004).

Oral question by Graham R. Watson, on behalf of the ELDR Group, to the Commission, Graham R. Watson, on behalf of the ELDR Group, Achieving the correct implementation of the EC-Israel Association Agreement (B5-0069/2004).

Oral question by Jannis Sakellariou and Emilio Menéndez del Valle, on behalf of the PSE Group, to the Commission, on achieving the correct implementation of the EC-Israel Association Agreement (B5-0070/2004).

The following spoke: Jannis Sakellariou, who asked for the sitting to be suspended until the arrival of Erkki Liikanen (Member of the Commission), and Ulla Margrethe Sandbæk, who supported his request.

Parliament approved the request.

(The sitting, suspended at 11.05, resumed at 11.15.)

(The sitting, suspended at 11.05, resumed at 11.15.)

Joost Lagendijk, Yasmine Boudjenah, Johanna L.A. Boogerd-Quaak and Jannis Sakellariou moved the oral questions.

Erkki Liikanen answered the questions.

The following spoke: Armin Laschet, on behalf of the PPE-DE Group, Pasqualina Napoletano, on behalf of the PSE Group, Jean-Thomas Nordmann, on behalf of the ELDR Group, Franz Turchi, on behalf of the UEN Group, Ulla Margrethe Sandbæk, on behalf of the EDD Group, Marco Pannella, Non-attached Member, Cees Bremmer, Emilio Menéndez del Valle, Caroline Lucas, Marco Pannella, on his earlier remarks, Bastiaan Belder, Cristina Gutiérrez-Cortines, Nelly Maes and Erkki Liikanen.

The debate closed.

IN THE CHAIR: Pat COX

President

9.   Voting time

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

Maurizio Turco pointed out that the Matikainen-Kallström report — A5-0100/2004 did not include the minority opinion expressed in the LIBE Committee (the President replied that if such an opinion was expressed in committee it would appear in the report).

9.1.   Election of a Vice-President of Parliament

The next item was the election of a Vice-President to fill the seat left vacant following the appointment of Joan Colom i Naval to the Court of Auditors of Catalonia (Minutes of 25.02.2004, Item 7)

(Minutes of 25.02.2004, Item 7)

The President announced that he had received from the PSE Group the nomination of Raimon Obiols i Germà.

As he was the only candidate, the President proposed that he be elected by acclamation, pursuant to Rule 13(1).

Parliament elected Raimon Obiols i Germà by acclamation.

The President declared Raimon Obiols i Germà Vice-President of Parliament and congratulated him on his election.

Pursuant to Rule 18(1), Raimon Obiols i Germà took the place of the outgoing Vice-President in the order of precedence.

9.2.   Waste ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council directive on waste (Codified version) [COM(2003) 731 — C5-0577/2003 — 2003/0283(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Giuseppe Gargani

(A5-0117/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0123)

(P5_TA(2004)0123)

9.3.   Extraction solvents used in the production of foodstuffs ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Codified version) [COM(2003) 467 — C5-0364/2003 — 2003/0181(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Giuseppe Gargani

(A5-0085/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0124)

(P5_TA(2004)0124)

9.4.   Cargo shipping ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council decision concerning the activities of certain third countries in the field of cargo shipping (Codified version) [COM(2003) 732 — C5-0578/2003 — 2003/0285(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Giuseppe Gargani

(A5-0086/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0125)

(P5_TA(2004)0125)

9.5.   Participation in pre-accession Community assistance programmes * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation amending Council Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC), No 2500/2001(EC), (EC) No 1268/1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process Countries to participate in tenders organised under the pre-accession Community assistance programmes [COM(2003) 793 — C5-0049/2004 — 2003/0306(CNS)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Luis Berenguer Fuster

(A5-0089/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0126)

(P5_TA(2004)0126)

9.6.   Protection of the Community's financial interests ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council decision establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests [COM(2003) 278 — C5-0312/2003 — 2003/0152(COD)] — Committee on Budgetary Control.

Rapporteur: Herbert Bösch

(A5-0087/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0127)

(P5_TA(2004)0127)

9.7.   Draft Amending Budget No 1/2004 (Section III) (Rule 110a) (vote)

(Rule 110a) (vote)

Report on Draft Amending Budget No 1/2004 of the European Union for the financial year 2004 — Section III — Commission [6696/2004 — C5-0108/2004 — 2004/2009(BUD)] — Committee on Budgets.

Rapporteur: Jan Mulder

(A5-0059/2004)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0128)

(P5_TA(2004)0128)

Jan Mulder (rapporteur) made a statement pursuant to Rule 110a(4).

9.8.   Draft Amending Budget No 2/2004 (Section VIII(B)) (Rule 110a) (vote)

(Rule 110a) (vote)

Report on Draft Amending Budget No 2/2004 of the European Union for the financial year 2004 — Section VIII(B) — European Data-protection Supervisor [6699/2004 — C5-0109/2004 — 2004/2010(BUD)] — Committee on Budgets.

Rapporteur: Neena Gill

(A5-0073/2004)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0129)

(P5_TA(2004)0129)

9.9.   Enlargement: adaptation of reference amounts for 6th Euratom framework programme* (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for amending the financial reference amount — within the meaning of the interinstutional agreement of 6 May 1999, Article 34(3) — of the sixth framework programme of the european atomic energy community (euratom), in order to take account of enlargement [COM(2003) 778 — C5-0031/2004 — 2003/0298(CNS)] — Committee on Budgets.

Rapporteurs: Reimer Böge and Joan Colom i Naval

(A5-0069/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0130)

(P5_TA(2004)0130)

9.10.   Enlargement: adaptation of reference amounts (Regulations) ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a decision of the European Parliament and of the Council amending Regulations (EC) No 2236/95, (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No [...]/2003 in view of adapting the reference amounts to take account of the enlargement of the European Union [COM(2003) 777 — C5-0652/2003 — 2003/0305(COD)] — Committee on Budgets.

Rapporteurs: Reimer Böge and Joan Colom i Naval

(A5-0066/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5.TA-(2004)0131)

(P5.TA-(2004)0131)

9.11.   Enlargement: adaptation of reference amounts (Decisions I) ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a decision of the European Parliament and of the Council amending Council Decision No 96/411/EC and Decisions Nos 276/1999/EC, 1719/1999/EC, 2850/2000/EC, 507/2001/EC, 2235/2002/EC, 2367/2002/EC, 253/2003/EC, 1230/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union [COM(2003) 777 — C5-0651/2003 — 2003/0304(COD)] — Committee on Budgets.

Rapporteurs: Reimer Böge and Joan Colom i Naval

(A5-0067/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0132)

(P5_TA(2004)0132)

9.12.   Enlargement: adaptation of reference amounts (Decisions II) ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a decision of the European Parliament and of the Council amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union [COM(2003) 777 — C5-0650/2003 — 2003/0303(COD)] — Committee on Budgets.

Rapporteurs: Reimer Böge and Joan Colom i Naval

(A5-0065/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0133)

(P5_TA(2004)0133)

9.13.   Convention on the suppression of illicit drug trafficking on the high seas * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the initiative of the Kingdom of Spain with a view to adopting a Council Act establishing in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas [5382/2002 — C5-0249/2003 — 2003/0816(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Marjo Matikainen-Kallström

(A5-0100/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

INITIATIVE OF THE KINGDOM OF SPAIN, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0134)

(P5_TA(2004)0134)

9.14.   Short-term residence permits for victims of trafficking * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council directive on the residence permit issued to third-country nationals victims of trafficking in human beings or to third-country nationals who have been the subjects of an action to facilitate illegal immigration who co-operate with the competent authorities (Renewed consultation) [14432/2003 — C5-0557/2003 — 2002/0043(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Patsy Sörensen

(A5-0099/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0135)

(P5_TA(2004)0135)

9.15.   Europol: staff regulations, salaries and allowances * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the initiatives of Ireland with a view to adopting:

| 1. | Council Act amending Europol's staff regulations
  [5435/2004 — C5-0057/2004 — 2004/0804(CNS)] |
| --- | --- |

1.

Council Act amending Europol's staff regulations

[5435/2004 — C5-0057/2004 — 2004/0804(CNS)]

| 2. | Council decision adjusting the basic salaries and allowances applicable to Europol Staff
  [5436/2004 — C5-0058/2004 — 2004/0805(CNS)] |
| --- | --- |

2.

Council decision adjusting the basic salaries and allowances applicable to Europol Staff

[5436/2004 — C5-0058/2004 — 2004/0805(CNS)]

| 3. | Council decision adjusting the basic salaries and allowances applicable to Europol staff
  [5438/2004 — C5-0059/2004 — 2004/0806(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.
  Rapporteur: Maurizio Turco
  (A5-0108/2004)
  (Simple majority)
  (Voting record: Annex 1, Item 14) |
| --- | --- |

3.

Council decision adjusting the basic salaries and allowances applicable to Europol staff

[5438/2004 — C5-0059/2004 — 2004/0806(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Maurizio Turco

(A5-0108/2004)

(Simple majority)

(Voting record: Annex 1, Item 14)

INITIATIVE OF IRELAND

Rejected

DRAFT LEGISLATIVE RESOLUTIONS

Adopted (P5_TA(2004)0136, P5_TA(2004)0137 and P5_TA(2004)0138).

(P5_TA(2004)0136, P5_TA(2004)0137 and P5_TA(2004)0138)

Maurizio Turco (rapporteur) made a statement pursuant to Rule 110a(4).

He asked for Parliament to confirm the rejection of the initiative by adopting the draft legislative resolution.

9.16.   Monitoring the application of Community law (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Commission communication on better monitoring of the application of Community law [COM(2002) 725 — C5-0008/2003 — 2003/2008(INI)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Neil MacCormick

(A5-0109/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 15)

(Voting record: Annex 1, Item 15)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0139)

(P5_TA(2004)0139)

Neil MacCormick (rapporteur) made a statement pursuant to Rule 110a(4).

9.17.   Biological and chemical agent attacks (health security) (Rule 110a) (vote)

(Rule 110a) (vote)

Report with a proposal for a European Parliament recommendation to the Council on cooperation in the European Union on preparedness and response to biological and chemical agent attacks (health security) [2003/2187(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Gerhard Schmid

(A5-0097/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 16)

(Voting record: Annex 1, Item 16)

PROPOSAL FOR A RECOMMENDATION

Adopted by single vote (P5_TA(2004)0140)

(P5_TA(2004)0140)

9.18.   Data protection (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the first report by the Commission on the implementation of the directive on data protection (Directive 95/46/EC) [COM(2003) 265 — C5-0375/2003 — 2003/2153(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Marco Cappato

(A5-0104/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 17)

(Voting record: Annex 1, Item 17)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0141)

(P5_TA(2004)0141)

Marco Cappato (rapporteur) made a statement pursuant to Rule 110a(4).

9.19.   The rights of prisoners in the European Union (Rule 110a) (vote)

(Rule 110a) (vote)

Report with a recommendation from the European Parliament to the Council on the rights of prisoners in the European Union [2003/2188(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Maurizio Turco

(A5-0094/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 18)

(Voting record: Annex 1, Item 18)

PROPOSAL FOR A RECOMMENDATION

Jorge Salvador Hernández Mollar pointed out that a change needed to be made in the explanatory statement, in accordance with Rule 161(1).

Adopted by single vote (P5_TA(2004)0142)

(P5_TA(2004)0142)

9.20.   Daphne II ***II (vote)

(vote)

Recommendation for second reading on the common position of the Council of 1 December 2003 with a view to adopting a decision of the European Parliament and of the Council establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) [13816/1/2003 — C5-0599/2003 — 2003/0025(COD)] — Committee on Women's Rights and Equal Opportunities.

Rapporteur: Lissy Gröner

(A5-0083/2004)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 19)

(Voting record: Annex 1, Item 19)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2004)0143)

(P5_TA(2004)0143)

9.21.   Statute and financing of political parties at European level (amendments to the Rules of Procedure) (vote)

(vote)

Report on the European Parliament decision on the amendments to the European Parliament's Rules of Procedure following the adoption of the Regulation governing the statute and the financing of political parties at European level [2003/2205(REG)] — Committee on Constitutional Affairs.

Rapporteur: Giorgos Dimitrakopoulos

(A5-0071/2004)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 20)

(Voting record: Annex 1, Item 20)

RULES OF PROCEDURE

Amendments adopted (see Annex 1)

PROPOSAL FOR A DECISION

Adopted (P5_TA(2004)0144)

(P5_TA(2004)0144)

The new provisions would enter into force on the first day of the next part-session.

9.22.   Restructuring the European Parliament's Rules of Procedure (vote)

(vote)

Report on the restructuring of Parliament's Rules of Procedure in the light of its decision of 12 June 2002 and the minor changes which have become necessary since then [2003/2233(REG)] — Committee on Constitutional Affairs.

Rapporteur: Richard Corbett

(A5-0068/2004)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 21)

(Voting record: Annex 1, Item 21)

RULES OF PROCEDURE

Amendments adopted (see Annex 1)

PROPOSAL FOR A DECISION

Adopted (P5_TA(2004)0145)

(P5_TA(2004)0145)

The following spoke:

The following spoke:

Richard Corbett (rapporteur) before the vote, and Monica Frassoni on amendment 4.

The new provisions would enter into force on the first day of the first part-session following the elections to the European Parliament of June 2004.

9.23.   Official feed and food controls ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on official feed and food controls [COM(2003) 52 — C5-0032/2003 — 2003/0030(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Marit Paulsen

(A5-0449/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 22)

(Voting record: Annex 1, Item 22)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0146)

(P5_TA(2004)0146)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0146)

(P5_TA(2004)0146)

The following spoke:

The following spoke:

Horst Schnellhardt, on behalf of the PPE-DE Group, asked for the vote to be postponed to voting time the following day.

The following spoke on this request: Dagmar Roth-Behrendt, on behalf of the PSE Group, Marit Paulsen (rapporteur) and Caroline F. Jackson, Chairman of the ENVI Committee.

Parliament rejected the request by EV (225 for, 257 against, 10 abstentions).

9.24.   Intellectual property ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive on measures and procedures to ensure the enforcement of intellectual property rights [COM(2003) 46 — C5-0055/2003 — 2003/0024(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Janelly Fourtou

(A5-0468/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 23)

(Voting record: Annex 1, Item 23)

The following spoke: Neil MacCormick, who asked for the rapporteur's situation to be clarified, given that several newspapers had alleged that she had failed to declare a personal interest in the matter, and Astrid Thors, who seconded his remarks (the President replied that he would refer the matter to the Bureau).

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0147)

(P5_TA(2004)0147)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0147)

(P5_TA(2004)0147)

The following spoke:

The following spoke:

| — | Marco Cappato, on the Italian version of amendment 83 (the President replied that the authoritative version was the English one). |
| --- | --- |

—

Marco Cappato, on the Italian version of amendment 83 (the President replied that the authoritative version was the English one).

| — | Raina A. Mercedes Echerer, on the French version of amendments 53 and 54, which had been tabled in English. |
| --- | --- |

—

Raina A. Mercedes Echerer, on the French version of amendments 53 and 54, which had been tabled in English.

9.25.   Electromagnetic compatibility ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States relating to electromagnetic compatibility [COM(2002) 759 — C5-0634/2002 — 2002/0306(COD)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Luis Berenguer Fuster

(A5-0113/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 24)

(Voting record: Annex 1, Item 24)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0148)

(P5_TA(2004)0148)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0148)

(P5_TA(2004)0148)

9.26.   Pollution from natural gas or liquefied petroleum gas engines ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles [COM(2003) 522 — C5-0456/2003 — 2003/0205(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Bernd Lange

(A5-0057/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 25)

(Voting record: Annex 1, Item 25)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0149)

(P5_TA(2004)0149)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0149)

(P5_TA(2004)0149)

9.27.   Criminal acts and penalties in the field of drug trafficking * (vote)

(vote)

Report on the proposal for a Council framework decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking (Renewed consultation) [15102/2/2003 — C5-0618/2003 — 2001/0114(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Arie M. Oostlander

(A5-0095/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 26)

(Voting record: Annex 1, Item 26)

COUNCIL DRAFT

Approved (P5_TA(2004)0150)

(P5_TA(2004)0150)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0150)

(P5_TA(2004)0150)

9.28.   European Agency for the Management of Operational Co-operation at the External Borders * (vote)

(vote)

Report on the proposal for a Council regulation establishing a European Agency for the Management of Operational Co-operation at the External Borders [COM(2003) 687 — C5-0613/2003 — 2003/0273(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Christian Ulrik von Boetticher

(A5-0093/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 27)

(Voting record: Annex 1, Item 27)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0151)

(P5_TA(2004)0151)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0151)

(P5_TA(2004)0151)

The following spoke:

The following spoke:

Christian Ulrik von Boetticher (rapporteur), before the vote, on his report.

9.29.   Work, the family and private life (vote)

(vote)

Report on reconciling professional, family and private lives [2003/2129(INI)] — Committee on Women's Rights and Equal Opportunities.

Rapporteur: Regina Bastos

(A5-0092/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 28)

(Voting record: Annex 1, Item 28)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0152)

(P5_TA(2004)0152)

The following spoke:

The following spoke:

Regina Bastos (rapporteur) on amendment 2

9.30.   Women from minority groups in the European Union (vote)

(vote)

Report on the situation of women from minority groups in the European Union [2003/2109(INI)] — Committee on Women's Rights and Equal Opportunities.

Rapporteur: María Elena Valenciano Martínez-Orozco

(A5-0102/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 29)

(Voting record: Annex 1, Item 29)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0153)

(P5_TA(2004)0153)

9.31.   Population and development (vote)

(vote)

Report on population and development: 10 years after the international conference on population and development (Cairo-1994) [2003/2133(INI)] — Committee on Development and Cooperation.

Rapporteur: Karin Junker

(A5-0055/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 30)

(Voting record: Annex 1, Item 30)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0154)

(P5_TA(2004)0154)

9.32.   Simplifying and improving Community regulation (vote)

(vote)

Third report on the Commission communications on simplifying and improving the regulatory environment [COM(2001) 726 — C5-0108/2002 — 2002/2052(COS)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Manuel Medina Ortega

(A5-0118/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 31)

(Voting record: Annex 1, Item 31)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0155)

(P5_TA(2004)0155)

10.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

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

Oral explanations of vote:

Oral explanations of vote:

Report Dimitrakopoulos — A5-0071/2004

| — | Daniela Raschhofer |
| --- | --- |

—

Daniela Raschhofer

Report Corbett — A5-0068/2004

| — | Richard Corbett, Christopher J.P. Beazley, on the previous speaker's remarks, and Richard Corbett, who spoke in reply. |
| --- | --- |

—

Richard Corbett, Christopher J.P. Beazley, on the previous speaker's remarks, and Richard Corbett, who spoke in reply.

Report Paulsen — A5-0449/2003

| — | Horst Schnellhardt, on voting procedure on this report (the President pointed out that the Rules of Procedure had been adhered to). |
| --- | --- |

—

Horst Schnellhardt, on voting procedure on this report (the President pointed out that the Rules of Procedure had been adhered to).

Report Fourtou — A5-0468/2003

| — | Astrid Thors, also on behalf of Johanna L.A. Boogerd-Quaak; Daniela Raschhofer and Claude Turmes. |
| --- | --- |

—

Astrid Thors, also on behalf of Johanna L.A. Boogerd-Quaak; Daniela Raschhofer and Claude Turmes.

11.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Sörensen — A5-0099/2004

| — | single vote

  for: Juan José Bayona de Perogordo, Christopher J.P. Beazley |
| --- | --- |

—

single vote

for: Juan José Bayona de Perogordo, Christopher J.P. Beazley

for:

Report Turco — A5-0108/2004

| — | initiative

  against: Giuseppe Di Lello Finnoli, Fausto Bertinotti, Luigi Vinci |
| --- | --- |

—

initiative

against: Giuseppe Di Lello Finnoli, Fausto Bertinotti, Luigi Vinci

against:

Report Cappato — A5-0104/2004

| — | single vote

  for: Marie-Hélène Descamps |
| --- | --- |

—

single vote

for: Marie-Hélène Descamps

for:

Recommendation for second reading Gröner — A5-0083/2004

| — | amendment 5

  for: Jean-Louis Bernié, Yves Butel, Alain Esclopé, Véronique Mathieu |
| --- | --- |

—

amendment 5

for: Jean-Louis Bernié, Yves Butel, Alain Esclopé, Véronique Mathieu

for:

Report Corbett — A5-0068/2004

| — | amendment 4

  for: Juan José Bayona de Perogordo |
| --- | --- |

—

amendment 4

for: Juan José Bayona de Perogordo

for:

Report Paulsen — A5-0449/2003

| — | amendment 82

  against: Pervenche Berès, Eurig Wyn

  abstentions: Bruno Gollnisch |
| --- | --- |

—

amendment 82

against: Pervenche Berès, Eurig Wyn

against:

abstentions: Bruno Gollnisch

abstentions:

Report Fourtou — A5-0468/2003

| — | amendment 103 and 108 (identical)

  for: Gilles Savary

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

—

amendment 103 and 108 (identical)

for: Gilles Savary

for:

abstentions: Hans-Peter Martin

abstentions:

| — | amendment 104D and 109D (identical)

  for: Marco Cappato, Gilles Savary

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

—

amendment 104D and 109D (identical)

for: Marco Cappato, Gilles Savary

for:

abstentions: Hans-Peter Martin

abstentions:

| — | amendment 111

  for: Gilles Savary |
| --- | --- |

—

amendment 111

for: Gilles Savary

for:

| — | amendment 53

  for: Ursula Stenzel, Gilles Savary |
| --- | --- |

—

amendment 53

for: Ursula Stenzel, Gilles Savary

for:

| — | amendment 54, first part

  for: Ursula Stenzel, Gilles Savary |
| --- | --- |

—

amendment 54, first part

for: Ursula Stenzel, Gilles Savary

for:

Report Oostlander — A5-0095/2004

| — | amendment 1

  against: Rijk van Dam |
| --- | --- |

—

amendment 1

against: Rijk van Dam

against:

Report Bastos — A5-0092/2004

| — | amendment 8

  against: Anders Wijkman

  abstentions: Roy Perry |
| --- | --- |

—

amendment 8

against: Anders Wijkman

against:

abstentions: Roy Perry

abstentions:

| — | amendment 2D

  against: Ewa Hedkvist Petersen, Hans Karlsson, Yvonne Sandberg-Fries, Hans-Peter Martin, Giovanni Procacci |
| --- | --- |

—

amendment 2D

against: Ewa Hedkvist Petersen, Hans Karlsson, Yvonne Sandberg-Fries, Hans-Peter Martin, Giovanni Procacci

against:

| — | resolution (as a whole)

  against: Giovanni Procacci |
| --- | --- |

—

resolution (as a whole)

against: Giovanni Procacci

against:

Report Junker — A5-0055/2004

| — | amendments 21, 20, 23D, 8, 10, 12 and 14

  for: Giovanni Procacci |
| --- | --- |

—

amendments 21, 20, 23D, 8, 10, 12 and 14

for: Giovanni Procacci

for:

| — | amendment 30

  for: Peder Wachtmeister |
| --- | --- |

—

amendment 30

for: Peder Wachtmeister

for:

| — | amendment 23D

  against: Jean-Louis Bernié, Yves Butel, Alain Esclopé |
| --- | --- |

—

amendment 23D

against: Jean-Louis Bernié, Yves Butel, Alain Esclopé

against:

| — | amendment 14

  against: Marie-Hélène Gillig |
| --- | --- |

—

amendment 14

against: Marie-Hélène Gillig

against:

| — | resolution (as a whole)

  against: Giovanni Procacci |
| --- | --- |

—

resolution (as a whole)

against: Giovanni Procacci

against:

(The sitting, suspended at 13.15, resumed at 15.05.)

(The sitting, suspended at 13.15, resumed at 15.05.)

IN THE CHAIR: Gerhard SCHMID

Vice-President

12.   Approval of Minutes of previous sitting

Astrid Thors had informed the Presidency that she had been present but that her name was not on the attendance register.

The Minutes of the previous sitting were approved.

13.   Membership of Parliament

The competent Spanish authorities had given notice of the appointment of María del Carmen Ortiz Rivas to replace Joan Colom i Naval, as Member of Parliament, with effect from 8 March 2004.

14.   Rights of Guantanamo detainees (debate)

(debate)

Report with a proposal for a European Parliament recommendation to the Council on the Guantanamo detainees' right to a fair trial [2003/2229(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Ole Andreasen

(A5-0107/2004)

Ole Andreasen introduced the report.

Christopher Patten (Member of the Commission) spoke.

The following spoke: Sarah Ludford (draftsman of the opinion of the LIBE Committee), Cees Bremmer, on behalf of the PPE-DE Group, Jacques F. Poos, on behalf of the PSE Group, Marianne Eriksson, on behalf of the GUE/NGL Group, Patricia McKenna, on behalf of the Verts/ALE Group, Mogens N.J. Camre, on behalf of the UEN Group, Charles Tannock, Michael Cashman, Matti Wuori, Proinsias De Rossa, Jean Lambert and Martine Roure.

The debate closed.

Vote: Minutes of 10.03.2004, Item 5.13

Minutes of 10.03.2004, Item 5.13

15.   European Partnerships under the Stabilisation and Association Process * (debate)

(debate)

Report on the proposal for a Council regulation on the establishment of European Partnerships in the framework of the Stabilisation and Association Process [COM(2003) 684 — C5-0574/2003 — 2003/0267(CNS)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Joost Lagendijk

(A5-0112/2004)

Günther Verheugen (Member of the Commission) spoke.

Joost Lagendijk introduced the report.

The following spoke: Doris Pack, on behalf of the PPE-DE Group, Johannes (Hannes) Swoboda, on behalf of the PSE Group, Günther Verheugen and Johannes (Hannes) Swoboda, on the last speaker's remarks.

The debate closed.

Vote: Minutes of 10.03.2004, Item 5.3

Minutes of 10.03.2004, Item 5.3

16.   Subsidies for youth programmes ***II — Subsidies for education and training programmes ***II — Subsidies for cultural programmes ***II (debate)

(debate)

Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of youth [15327/1/2003 — C5-0021/2004 — 2003/0113(COD)] — Committee on Culture, Youth, Education, the Media and Sport.

Rapporteur: Christa Prets

(A5-0075/2004)

Recommendation for second reading on the common position of the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training [15334/1/2003 — C5-0022/2004 — 2003/0114(COD)] — Committee on Culture, Youth, Education, the Media and Sport.

Rapporteur: Doris Pack

(A5-0076/2004)

Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of culture [15331/1/2003 — C5-0023/2004 — 2003/0115(COD)] — Committee on Culture, Youth, Education, the Media and Sport.

Rapporteur: Ulpu Iivari

(A5-0077/2004)

Christa Prets introduced the recommendation for second reading (A5-0075/2004).

Doris Pack introduced the recommendation for second reading (A5-0076/2004).

Ulpu Iivari introduced the recommendation for second reading (A5-0077/2004).

Viviane Reding (Member of the Commission) spoke.

IN THE CHAIR: José PACHECO PEREIRA

Vice-President

The following spoke: Christopher J.P. Beazley, on behalf of the PPE-DE Group, Lissy Gröner, on behalf of the PSE Group, Kyösti Tapio Virrankoski, on behalf of the ELDR Group, Roy Perry, Eurig Wyn and Theresa Zabell.

The debate closed.

Vote: Minutes of 10.03.2004, Items 5.6, 5.7 and 5.8.

Minutes of 10.03.2004, Items 5.6, 5.7 and 5.8.

(The sitting, suspended at 16.50 pending the next scheduled item on the agenda, resumed at 17.00.)

(The sitting, suspended at 16.50 pending the next scheduled item on the agenda, resumed at 17.00.)

17.   Education and training — Making citizenship work (Commission communication)

(Commission communication)

Commission communication The new generation of Community education and training programmes after 2006 (COM(2004) 156)

Commission communication Making citizenship work: fostering European culture and diversity through programmes for Youth, Culture, Audiovisual and Civic Participation (COM(2004) 154)

Viviane Reding (Member of the Commission) spoke.

The following put questions which Viviane Reding answered: Doris Pack, Christa Prets, Michel Rocard and Lissy Gröner.

The item was closed.

IN THE CHAIR: Alonso José PUERTA

Vice-President

18.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B5-0066/2004).

First part

First part

Question 27 by Neil MacCormick: Potential abuse of dominant position.

Question 27

Franz Fischler (Member of the Commission) answered the question and supplementaries by Neil MacCormick and John Purvis.

Question 28 lapsed as its author was absent.

Question 28

Question 29 by Bill Newton Dunn: A level playing-field for suspects who are accused across the Union.

Question 29

António Vitorino (Member of the Commission) answered the question and supplementaries by Bill Newton Dunn and Neil MacCormick.

Question 30 lapsed as its author was absent.

Question 30

Second part

Second part

Question 31 by Camilo Nogueira Román: Galician fisheries and the European Fisheries Control Agency.

Question 31

Franz Fischler answered the question and supplementaries by Camilo Nogueira Román and Daniel Varela Suanzes-Carpegna.

Question 32 by Paulo Casaca: Emergency measures to stop the pillaging of resources in the waters round the Azores.

Question 32

Franz Fischler answered the question and a supplementary by Paulo Casaca.

Question 33 by María Izquierdo Rojo: Recognition of Spanish productive circumstances in the future COM in olive oil.

Question 33

Franz Fischler answered the question and supplementaries by María Izquierdo Rojo and Ioannis Patakis.

Question 34 lapsed as its author was absent.

Question 34

Question 35 by Carlos Lage: Use of specific traditional wine appellations by third countries.

Question 35

Franz Fischler answered the question and a supplementary by Carlos Lage.

Question 36 by Richard Howitt: Mid-term review of the sugar regime.

Question 36

Franz Fischler answered the question and supplementaries by Richard Howitt and Agnes Schierhuber.

Questions 37 et 38 would receive written answers.

Questions 37 et 38

Question 39 by Marie Anne Isler Béguin: Human and financial costs of pollution in the enlarged EU.

Question 39

Margot Wallström (Member of the Commission) answered the question and supplementaries by Marie Anne Isler Béguin and Piia-Noora Kauppi.

Question 40 by María Luisa Bergaz Conesa: Power line in the Redes national park and biosphere reserve (Asturias, Spain).

Question 40

Margot Wallström answered the question and a supplementary by María Luisa Bergaz Conesa.

Question 41 lapsed as its author was absent.

Question 41

Question 42 by Patricia McKenna: Environmental letters of formal notice.

Question 42

Margot Wallström answered the question and supplementaries by Patricia McKenna and Caroline Lucas.

Question 43 by James (Jim) Fitzsimons: UN conference on climate change.

Question 43

Margot Wallström answered the question.

James (Jim) Fitzsimons spoke.

Question 44 by Robert J.E. Evans: Trophy hunting.

Question 44

Margot Wallström answered the question and supplementaries by Robert J.E. Evans, Patricia McKenna and Marie Anne Isler Béguin.

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

Commission Question Time closed.

(The sitting, suspended at 19.00, resumed at 21.00.)

(The sitting, suspended at 19.00, resumed at 21.00.)

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

19.   Quality of ambient air ***I (debate)

(debate)

Report on the proposal for a directive of the European Parliament and of the Council 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 Consumer Policy.

Rapporteur: Hans Kronberger

(A5-0047/2004)

Margot Wallström (Member of the Commission) spoke.

Hans Kronberger introduced the report.

The following spoke: Caroline F. Jackson, on behalf of the PPE-DE Group, Bernd Lange, on behalf of the PSE Group, Hiltrud Breyer, on behalf of the Verts/ALE Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Eija-Riitta Anneli Korhola, David Robert Bowe, Alexander de Roo, Riitta Myller and Margot Wallström.

The debate closed.

Vote: Minutes of 20.04.2004, Item 10

Minutes of 20.04.2004, Item 10

20.   Support schemes for farmers * — COM in olive oil and table olives * (debate)

(debate)

Report on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers [COM(2003) 698 — C5-0597/2003 — 2003/0278(CNS)] — Committee on Agriculture and Rural Development.

Rapporteur: Joseph Daul

(A5-0123/2004),

Co-Rapporteurs: Sergio Berlato, Vincenzo Lavarra, Xaver Mayer and María Rodríguez Ramos

Report on the proposal for a Council Regulation on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 [COM(2003) 698 — C5-0598/2003 — 2003/0279(CNS)] — Committee on Agriculture and Rural Development.

Rapporteur: Vincenzo Lavarra

(A5-0106/2004)

Franz Fischler (Member of the Commission) spoke.

Joseph Daul (rapporteur), Sergio Berlato (co-rapporteur) and Alejandro Cercas (deputising for the co-rapporteur (María Rodríguez Ramos) introduced the report (A5-0123/2004).

Vincenzo Lavarra introduced the report (A5-0106/2004).

The following spoke: Xaver Mayer (co-rapporteur A5-0123/2004), Francesco Fiori, on behalf of the PPE-DE Group, Giovanni Procacci, on behalf of the ELDR Group, Margrietus J. van den Berg, on behalf of the PSE Group, Salvador Jové Peres, on behalf of the GUE/NGL Group, Friedrich-Wilhelm Graefe zu Baringdorf, on behalf of the Verts/ALE Group, Luís Queiró, on behalf of the UEN Group, Rijk van Dam, on behalf of the EDD Group, Dominique F.C. Souchet, Non-attached Member, Encarnación Redondo Jiménez, María Izquierdo Rojo, Joan Vallvé, Ilda Figueiredo, Juan Manuel Ferrández Lezaun, Roberta Angelilli, María del Pilar Ayuso González, Gordon J. Adam, Luciana Sbarbati, Ioannis Patakis, Giacomo Santini, Eryl Margaret McNally, Kyösti Tapio Virrankoski and Franz Fischler.

The debate closed.

Vote: Minutes of 10.03.2004, Items 5.9 and 5.10.

Minutes of 10.03.2004, Items 5.9 and 5.10.

21.   Agenda for next sitting

The President referred Members to the document ‘Agenda‧ PE 342.370/OJME.

22.   Closure of sitting

The sitting closed at 23.15.

Julian Priestley

Secretary-General

Gérard Onesta

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Nuala Ahern, Ainardi, Almeida Garrett, Alyssandrakis, Andersen, Andersson, Andreasen, André-Léonard, Andrews, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Avilés Perea, Ayuso González, Bakopoulos, Balfe, Baltas, Barón Crespo, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Berlato, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Bonino, Boogerd-Quaak, Booth, Borghezio, van den Bos, Boselli, Boudjenah, Boumediene-Thiery, Bouwman, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carnero González, Carraro, Carrilho, Casaca, Cashman, Caudron, Caullery, Cederschiöld, Celli, Cercas, Ceyhun, Chichester, Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Corbett, Corbey, Cornillet, Corrie, Paolo Costa, Cox, Crowley, Cushnahan, van Dam, Daul, Davies, De Clercq, Decourrière, Dehousse, De Keyser, Dell'Alba, Della Vedova, De Mita, Deprez, De Rossa, De Sarnez, Descamps, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dimitrakopoulos, Di Pietro, Doorn, Dover, Doyle, Duff, Duhamel, Duin, Dupuis, Duthu, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Eriksson, Esclopé, Ettl, Jillian Evans, Jonathan Evans, Robert J.E. Evans, Färm, Farage, Fatuzzo, Fava, Ferber, Fernández Martín, Ferrández Lezaun, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flemming, Flesch, Ford, Formentini, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Galeote Quecedo, Garaud, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, de Gaulle, Gawronski, Gebhardt, 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, Hansenne, Harbour, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Herzog, Hieronymi, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jeggle, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Kastler, Katiforis, Kaufmann, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kindermann, Glenys Kinnock, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kronberger, Kuckelkorn, Kuhne, Lage, Lagendijk, Lalumière, Lamassoure, Lambert, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Liese, Linkohr, Lisi, Lombardo, Lucas, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Malliori, Malmström, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marini, Markov, Marques, Martens, David W. Martin, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Mendiluce Pereiro, Menéndez del Valle, Mennea, Menrad, Messner, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Moraes, Morgan, Morgantini, Morillon, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Myller, Naïr, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, Obiols i Germà, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oostlander, Oreja Arburúa, Ortiz Rivas, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Paciotti, Pack, Paisley, Pannella, Parish, Pasqua, Pastorelli, Patakis, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Piecyk, Pirker, Piscarreta, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Poli Bortone, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Puerta, 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, Sauquillo Pérez del Arco, Savary, Sbarbati, Scallon, Scapagnini, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Herman Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Ilka Schröder, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Segni, Seppänen, Sichrovsky, Simpson, Sjöstedt, Skinner, Smet, Soares, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Speroni, Staes, Stauner, Stenmarck, Stenzel, Sterckx, Stevenson, Stihler, Stirbois, Stockmann, Stockton, Sturdy, Sudre, Sumberg, Suominen, Swiebel, Swoboda, 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, Vattimo, Veltroni, van Velzen, Vermeer, de Veyrinas, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, Wijkman, von Wogau, Wuermeling, Wuori, Wurtz, Wynn, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen

Observers

Bagó, Balsai, Bastys, Beneš, Biela, Bielan, Kazys Jaunutis Bobelis, Mihael Brejc, Chronowski, Zbigniew Chrzanowski, Cybulski, Demetriou, Filipek, Gadzinowski, Galażewski, Germič, Giertych, Genowefa Grabowska, Gruber, Grzebisz-Nowicka, Grzyb, Gurmai, Holáň, Horvat, Ilves, Jerzy Jaskiernia, Kelemen, Klopotek, Klukowski, Konečná, Kósáné Kovács, Kowalska, Kriščiūnas, Daniel Kroupa, Kubica, Kuzmickas, Kvietkauskas, Laar, Lachnit, Lepper, Janusz Lewandowski, Liberadzki, Libicki, Lisak, Litwiniec, Lydeka, Lyżwiński, Macierewicz, Maldeikis, Manninger, Maštálka, Matsakis, Őry, Ouzký, Palečková, Pasternak, Pęczak, Alojz Peterle, Pieniążek, Plokšto, Podgórski, Podobnik, Pospíšil, Protasiewicz, Rouček, Rutkowski, Sefzig, Siekierski, Smorawiński, Surján, Szájer, Szczyglo, Tabajdi, Tomaka, Tomczak, Vaculík, Vadai, Valys, Vastagh, Vella, Vėsaitė, Winiarczyk-Kossakowska, Wiśniowska, 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.   Waste ***I

Report: GARGANI (A5-0117/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Extraction solvents used in the production of foodstuffs ***I

Report: GARGANI (A5-0085/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Cargo shipping ***I

Report: GARGANI (A5-0086/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Participation in pre-accession Community assistance programmes *

Report: BERENGUER FUSTER (A5-0089/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   Protection of the Community's financial interests ***I

Report: BÖSCH (A5-0087/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

Other information

Am. 5 from the committee responsible to add a new recital 7a.

6.   Draft Amending Budget No 1/2004 (Section III)

Report: MULDER (A5-0059/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Draft Amending Budget No 2/2004 (Section VIII(B))

Report: GILL (A5-0073/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Enlargement: adaptation of reference amounts for 6th Euratom framework programme *

Report: BÖGE, COLOM I NAVAL (A5-0069/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   Enlargement: adaptation of reference amounts (Regulations) ***I

Report: BÖGE, COLOM I NAVAL (A5-0066/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

10.   Enlargement: adaptation of reference amounts (Decisions I) ***I

Report: BÖGE, COLOM I NAVAL (A5-0067/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

11.   Enlargement: adaptation of reference amounts (Decisions II) ***I

Report: BÖGE, COLOM I NAVAL (A5-0065/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

12.   Convention on the suppression of illicit drug trafficking on the high seas *

Report: MATIKAINEN-KALLSTRÖM (A5-0100/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   Short-term residence permits for victims of trafficking *

Report: SØRENSEN (A5-0099/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 449,45,7 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

449,45,7

Requests for roll-call votes:

PPE-DE: single vote

14.   Europol: staff regulations, salaries and allowances *

Report: TURCO (A5-0108/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| vote: initiative | RCV | — | 54,411,43 |
| vote: legislative resolution | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

vote: initiative

RCV

—

54,411,43

vote: legislative resolution

+

Requests for roll-call votes:

Verts/ALE: initiative

15.   Monitoring the application of Community law

Report: MacCORMICK (A5-0109/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

16.   Biological and chemical agent attacks (health security)

Report: SCHMID (A5-0097/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

17.   Data protection

Report: CAPPATO (A5-0104/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 439,39,28 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

439,39,28

Requests for roll-call votes:

Verts/ALE single vote

18.   The rights of prisoners in the European Union

Report: TURCO (A5-0094/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 439,49,20 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

439,49,20

Requests for roll-call votes:

PSE, Verts/ALE single vote

19.   Daphne II ***II

Recommendation for second reading: GRÖNER (A5-0083/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-4 | committee | | + | |
| amendments by committee responsible — separate votes | 5 | committee | RCV | + | 452,7,47 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-4

committee

+

amendments by committee responsible — separate votes

5

committee

RCV

+

452,7,47

Requests for roll-call votes

PSE am 5

20.   Statute and financing of European political parties at European level (amendments to the Rules of Procedure)

Report: DIMITRAKOPOULOS (A5-0071/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block votes | 2-3 | committee | | + | |
| amendments by committee responsible — separate votes | 5 | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 22 | 8 | UEN | | — | |
| 1 | committee | | + | |
| after art 184 | 6 | EDD + Dell'Alba | | W | |
| 7 | EDD + Dell'Alba | | W | |
| 4 | committee | | + | |
| vote: proposal for a decision (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block votes

2-3

committee

+

amendments by committee responsible — separate votes

5

committee

split

1

+

2

+

art 22

8

UEN

—

1

committee

+

after art 184

6

EDD + Dell'Alba

W

7

EDD + Dell'Alba

W

4

committee

+

vote: proposal for a decision (as a whole)

+

Requests for split votes

Verts/ALE

am 5

1st part: text as a whole without paragraph 5

2nd part: that paragraph

21.   Restructuring the European Parliament's Rules of Procedure

Report: CORBETT (A5-0068/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block votes | 1-3
  5-8 | committee | | + | |
| amendments by committee responsible — separate votes | 4 | committee | RCV | + | 390,78,38 |
| vote: proposal for a decision (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block votes

1-3

5-8

committee

+

amendments by committee responsible — separate votes

4

committee

RCV

+

390,78,38

vote: proposal for a decision (as a whole)

+

Requests for roll-call votes

Verts/ALE am 4

22.   Official feed and food controls ***I

Report: PAULSEN (A5-0449/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | Block 1 | 139 amendments from 4 political groups | EV | + | 301,190,10 |
| 173 | 4 political groups | sep | + | |
| 206 | 4 political groups | split | | |
| 1 | + | |
| 2 | — | |
| Block 2 | 54 amendments from the committee | | ↓ | |
| 2 | committee | sep | ↓ | |
| 12 | committee | sep | ↓ | |
| 13 | committee | sep | ↓ | |
| 14 | committee | sep | ↓ | |
| 15 | committee | sep | ↓ | |
| 16 | committee | sep | ↓ | |
| 17 | committee | sep | ↓ | |
| 20 | committee | sep | ↓ | |
| 21 | committee | | ↓ | |
| 28 | committee | sep | ↓ | |
| 31 | committee | sep | ↓ | |
| 33 | committee | sep | ↓ | |
| 35 | committee | sep | ↓ | |
| 37 | committee | sep | ↓ | |
| 45 | committee | sep | ↓ | |
| 53 | committee | sep | ↓ | |
| 66 | committee | sep | ↓ | |
| 67 | committee | sep | ↓ | |
| 68 | committee | | ↓ | |
| 70 | committee | sep | ↓ | |
| 71 | committee | sep | ↓ | |
| 79 | committee | sep | ↓ | |
| 5 | committee | | + | |
| 60 | committee | sep | + | |
| art 5 | 147 | ELDR + GUE/NGL + PSE + Verts/ALE | | + | |
| 82 | PPE-DE | RCV | — | 204,299,9 |
| art 26, after the sole paragraph | 83 | PPE-DE | | — | |
| 84 | PPE-DE | | ↓ | |
| 85 | PPE-DE | | — | |
| art 28 | 175 | ELDR + GUE/NGL + PSE + Verts/ALE | | + | |
| 51 | committee | | ↓ | |
| 86 | PPE-DE | | ↓ | |
| annex 4 | 224 | ELDR + GUE/NGL + PSE + Verts/ALE | | + | |
| 87 | PPE-DE | | ↓ | |
| recital 32 | 81 | PPE-DE | | ↓ | |
| 96 | ELDR + GUE/NGL + PSE + Verts/ALE | | + | |
| vote: amended proposal | EV | + | 289,202,15 |
| vote: legislative resolution | RCV | + | 287,194,23 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

Block 1

139 amendments from 4 political groups

EV

+

301,190,10

173

4 political groups

sep

+

206

4 political groups

split

1

+

2

—

Block 2

54 amendments from the committee

↓

2

committee

sep

↓

12

committee

sep

↓

13

committee

sep

↓

14

committee

sep

↓

15

committee

sep

↓

16

committee

sep

↓

17

committee

sep

↓

20

committee

sep

↓

21

committee

↓

28

committee

sep

↓

31

committee

sep

↓

33

committee

sep

↓

35

committee

sep

↓

37

committee

sep

↓

45

committee

sep

↓

53

committee

sep

↓

66

committee

sep

↓

67

committee

sep

↓

68

committee

↓

70

committee

sep

↓

71

committee

sep

↓

79

committee

sep

↓

5

committee

+

60

committee

sep

+

art 5

147

ELDR + GUE/NGL + PSE + Verts/ALE

+

82

PPE-DE

RCV

—

204,299,9

art 26, after the sole paragraph

83

PPE-DE

—

84

PPE-DE

↓

85

PPE-DE

—

art 28

175

ELDR + GUE/NGL + PSE + Verts/ALE

+

51

committee

↓

86

PPE-DE

↓

annex 4

224

ELDR + GUE/NGL + PSE + Verts/ALE

+

87

PPE-DE

↓

recital 32

81

PPE-DE

↓

96

ELDR + GUE/NGL + PSE + Verts/ALE

+

vote: amended proposal

EV

+

289,202,15

vote: legislative resolution

RCV

+

287,194,23

| Block 1 | 139 amendments from 4 political groups (amendments 88 to 95, 97 to 146, 148 to 174, 176 to 223, 225 to 227, 228/80 [identical] and 229) |
| --- | --- |
| Block 2 | 76 amendments from the ENVI Committee (amendments 1 to 4, 6 to 50, 52 to 59 and 61 to 79) |
| Block 3 | 2 amendments from the ENVI Committee (amendments 5 and 60) |

Block 1

139 amendments from 4 political groups (amendments 88 to 95, 97 to 146, 148 to 174, 176 to 223, 225 to 227, 228/80 [identical] and 229)

Block 2

76 amendments from the ENVI Committee (amendments 1 to 4, 6 to 50, 52 to 59 and 61 to 79)

Block 3

2 amendments from the ENVI Committee (amendments 5 and 60)

Requests for roll-call votes

PPE-DE am 82

ELDR final vote

Requests for separate vote

| PPE-DE | ams 173 (block no 1) |
| --- | --- |
| | ams 2, 12, 13, 14, 15, 16, 17, 20, 28, 31, 33, 35, 37, 45, 53, 66, 67, 70, 71, 79 (block no 2) |
| | am 60 (block no 3) |

PPE-DE

ams 173 (block no 1)

ams 2, 12, 13, 14, 15, 16, 17, 20, 28, 31, 33, 35, 37, 45, 53, 66, 67, 70, 71, 79 (block no 2)

am 60 (block no 3)

Request for a split vote

ELDR

am 206 (block no 1)

1st part: text as a whole apart from the words ‘and may include ... criminal law‧

2nd part: those words

23.   Intellectual property ***I

Report: FOURTOU (A5-0468/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | block 1 | 4 political groups | | + | |
| block 2 | committee | | ↓ | |
| art 2 | 77 | PPE + PSE + ELDR + UEN | EV | + | 307,185,7 |
| 101=
  106= | CAPPATO ao
  GUE/NGL | | ↓ | |
| 55 | Verts/ALE | | ↓ | |
| 13 | committee | | ↓ | |
| art 5 | 80 | PPE + PSE + ELDR + UEN | | + | |
| 19 | committee | | ↓ | |
| 102=
  107= | CAPPATO ao
  GUE/NGL | | ↓ | |
| art 7 | 103=
  108= | CAPPATO ao
  GUE/NGL | RCV | — | 156,346,8 |
| 82 | PPE + PSE + ELDR + UEN | EV | + | 375,121,3 |
| 24-26 | committee | | ↓ | |
| art 8 | 104 D =
  109 D = | CAPPATO ao
  GUE/NGL | RCV | — | 137,352,22 |
| 83 | PPE + PSE + ELDR + UEN | | + | |
| 27 | committee | | ↓ | |
| 113 | EDD | RCV | ↓ | |
| art 9 | 84 | PPE + PSE + ELDR + UEN | | + | |
| 29 | committee | | ↓ | |
| 105 =
  110 = | CAPPATO ao
  GUE/NGL | | ↓ | |
| art 10, after § 5 | 111 | EDD | RCV | — | 165,343,10 |
| recital 13 | 53 | Verts/ALE | RCV | — | 193,310,12 |
| 58 | PPE + PSE + ELDR + UEN | | + | |
| 5 | committee | | ↓ | |
| after recital 13 | 54 | Verts/ALE | split/RCV | | |
| 1 | — | 198,305,11 |
| 2 | ↓ | |
| 59 | PPE + PSE + ELDR + UEN | | + | |
| after recital 22 | 112 | EDD | | — | |
| vote: amended proposal | RCV | + | 339,144,38 |
| vote: legislative resolution | RCV | + | 330,151,39 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

block 1

4 political groups

+

block 2

committee

↓

art 2

77

PPE + PSE + ELDR + UEN

EV

+

307,185,7

101=

106=

CAPPATO ao

GUE/NGL

↓

55

Verts/ALE

↓

13

committee

↓

art 5

80

PPE + PSE + ELDR + UEN

+

19

committee

↓

102=

107=

CAPPATO ao

GUE/NGL

↓

art 7

103=

108=

CAPPATO ao

GUE/NGL

RCV

—

156,346,8

82

PPE + PSE + ELDR + UEN

EV

+

375,121,3

24-26

committee

↓

art 8

104 D =

109 D =

CAPPATO ao

GUE/NGL

RCV

—

137,352,22

83

PPE + PSE + ELDR + UEN

+

27

committee

↓

113

EDD

RCV

↓

art 9

84

PPE + PSE + ELDR + UEN

+

29

committee

↓

105 =

110 =

CAPPATO ao

GUE/NGL

↓

art 10, after § 5

111

EDD

RCV

—

165,343,10

recital 13

53

Verts/ALE

RCV

—

193,310,12

58

PPE + PSE + ELDR + UEN

+

5

committee

↓

after recital 13

54

Verts/ALE

split/RCV

1

—

198,305,11

2

↓

59

PPE + PSE + ELDR + UEN

+

after recital 22

112

EDD

—

vote: amended proposal

RCV

+

339,144,38

vote: legislative resolution

RCV

+

330,151,39

| Block 1 = | 38 amendments from 4 political groups (amendments 56, 57, 60 to 76, 78, 79, 81, 85 to 100) |
| --- | --- |
| Block 2 = | 44 amendments from the JURI Committee (amendments 1 to 4, 6 to 12, 14 to 18, 20 to 23, 28, 30 to 52) |

Block 1 =

38 amendments from 4 political groups (amendments 56, 57, 60 to 76, 78, 79, 81, 85 to 100)

Block 2 =

44 amendments from the JURI Committee (amendments 1 to 4, 6 to 12, 14 to 18, 20 to 23, 28, 30 to 52)

Requests for roll-call votes

PPE-DE ams 103, 104, 111, 53, 54

Verts/ALE ams 53, amended proposal and final vote

Request for a split vote

Verts/ALE

am 54

1st part: text as a whole except the words ‘The acts which are committed ... economic or commercial impact‧

2nd part: those words

24.   Electromagnetic compatibility ***I

Report: BERENGUER FUSTER (A5-0113/004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-15
  17-26
  30
  32-36
  38 | committee | | + | |
| art 7 | 39 | PSE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-15

17-26

30

32-36

38

committee

+

art 7

39

PSE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendments 16, 27, 28, 29, 31 and 37 had been cancelled.

25.   Pollution from natural gas or liquefied petroleum gas engines ***I

Report: LANGE (A5-0057/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1
  3
  6-7
  9
  11 | committee | | + | |
| art 2, after § 9 | 13 | PSE + PPE-DE + ELDR + Verts/ALE | | + | |
| 4 | committee | | ↓ | |
| art 1, § 3, points (a) and (b) | 14 | PSE + PPE-DE + ELDR + Verts/ALE | | + | |
| 5 | committee | | ↓ | |
| after art 4 | 15 | PSE + PPE-DE + ELDR + Verts/ALE | | + | |
| 8 | committee | | ↓ | |
| art 7, after § 1 | 16 | PSE + PPE-DE + ELDR + Verts/ALE | | + | |
| 10 | committee | | ↓ | |
| art 8 | 17 | PSE + PPE-DE + ELDR + Verts/ALE | | + | |
| after recital 15 | 12 | PSE + PPE-DE + ELDR + Verts/ALE | | + | |
| 2 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1

3

6-7

9

11

committee

+

art 2, after § 9

13

PSE + PPE-DE + ELDR + Verts/ALE

+

4

committee

↓

art 1, § 3, points (a) and (b)

14

PSE + PPE-DE + ELDR + Verts/ALE

+

5

committee

↓

after art 4

15

PSE + PPE-DE + ELDR + Verts/ALE

+

8

committee

↓

art 7, after § 1

16

PSE + PPE-DE + ELDR + Verts/ALE

+

10

committee

↓

art 8

17

PSE + PPE-DE + ELDR + Verts/ALE

+

after recital 15

12

PSE + PPE-DE + ELDR + Verts/ALE

+

2

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

26.   Criminal acts and penalties in the field of drug trafficking *

Report: OOSTLANDER (A5-0095/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 1 | 1 | Verts/ALE | RCV | + | 261,242,7 |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 1

1

Verts/ALE

RCV

+

261,242,7

vote: amended proposal

+

vote: legislative resolution

+

Request for a roll-call vote

Verts/ALE am 1

27.   European Agency for the Management of Operational Co-operation at the External Borders *

Report: VON BOETTICHER (A5-0093/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-52 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-52

committee

+

vote: amended proposal

+

vote: legislative resolution

+

28.   Work, the family and private life

Report: BASTOS (A5-0092/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | 8 | PSE | RCV | + | 241,222,48 |
| § 7 | | original text | RCV | + | 470,20,14 |
| § 8 | 9 | ELDR | | — | |
| § 13 | 10D | ELDR | | — | |
| § 15 | 11 | ELDR | | — | |
| § 16 | 12 | ELDR | | — | |
| § 17 | 13 | ELDR | | — | |
| § 18 | 14 | ELDR | | — | |
| § 20 | 15D | ELDR | | — | |
| § 21 | 4 | GUE/NGL | | — | |
| 16 | ELDR | | — | |
| § 26 | 17 | ELDR | | — | |
| after § 29 | 5 | GUE/NGL | RCV | — | 169,321,21 |
| § 30 | 6 | GUE/NGL | | — | |
| § 31 | 18 | ELDR | | — | |
| after citation 9 | 7 | PPE-DE + PSE | | + | |
| after citation 11 | 1 | UEN | EV | + | 305,199,7 |
| recital G | 2D | UEN | RCV | + | 353,143,13 |
| recital K | 3 | UEN | | + | |
| vote: resolution (as a whole) | RCV | + | 424,51,37 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

8

PSE

RCV

+

241,222,48

§ 7

original text

RCV

+

470,20,14

§ 8

9

ELDR

—

§ 13

10D

ELDR

—

§ 15

11

ELDR

—

§ 16

12

ELDR

—

§ 17

13

ELDR

—

§ 18

14

ELDR

—

§ 20

15D

ELDR

—

§ 21

4

GUE/NGL

—

16

ELDR

—

§ 26

17

ELDR

—

after § 29

5

GUE/NGL

RCV

—

169,321,21

§ 30

6

GUE/NGL

—

§ 31

18

ELDR

—

after citation 9

7

PPE-DE + PSE

+

after citation 11

1

UEN

EV

+

305,199,7

recital G

2D

UEN

RCV

+

353,143,13

recital K

3

UEN

+

vote: resolution (as a whole)

RCV

+

424,51,37

Requests for roll-call votes

PPE-DE ams 8, 5, 2, final vote

PSE § 7, final vote

29.   Women in minority groups in the European Union

Report: MARTÍNEZ OROZCO (A5-0102/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 13 | | original text | sep | + | |
| § 14, indent 1 | 1 | PPE-DE | | — | |
| § 14, indent 2 | | original text | sep | + | |
| § 14, indent 4 | | original text | sep | + | |
| § 14, indent 5 | | original text | sep | + | |
| § 14, indent 8 | 2 | PPE-DE | | — | |
| § 16 | 3 | PPE-DE | | — | |
| 5 | PSE | | + | |
| § 20 | 4 | PPE-DE | | — | |
| vote: resolution (as a whole) | RCV | + | 311,38,156 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 13

original text

sep

+

§ 14, indent 1

1

PPE-DE

—

§ 14, indent 2

original text

sep

+

§ 14, indent 4

original text

sep

+

§ 14, indent 5

original text

sep

+

§ 14, indent 8

2

PPE-DE

—

§ 16

3

PPE-DE

—

5

PSE

+

§ 20

4

PPE-DE

—

vote: resolution (as a whole)

RCV

+

311,38,156

Request for a roll-call vote

PSE final vote

Requests for separate vote

PPE-DE §§ 13, 14 (indent 2), 14 (indent 4), 14 (indent 5)

30.   Population and development

Report: JUNKER (A5-0055/2004)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 4 | 31 | UEN | | — | |
| after § 4 | 28 | UEN | | — | |
| § 6 | 15 | PPE-DE | | — | |
| § 7 | 16 | PPE-DE | | — | |
| § 8 | 17 | PPE-DE | | — | |
| after § 9 | 5 | PSE | | + | |
| § 10 | | original text | sep | + | |
| after § 10 | 26 | GUE/NGL | | + | |
| § 11 | 18 | PPE-DE | | — | |
| § 13 | 19 | PPE-DE | | + | |
| § 17 | | original text | sep | + | |
| § 20 | 21 | PPE-DE | RCV | — | 186,305,16 |
| 30 | UEN | RCV | — | 215,285,3 |
| 20 | PPE-DE | RCV | — | 207,281,18 |
| after § 21 | 4 | PSE | | + | |
| § 23 | | original text | sep | + | |
| § 24 | 24 | Verts/ALE et al | | + | |
| § 25 | 25 | Verts/ALE et al | | + | |
| after § 25 | 22 | PPE-DE | | + | |
| § 26 | 23D | PPE-DE | RCV | — | 228,277,3 |
| citation 12 | 6 | PPE-DE | | — | |
| after citation 15 | 27 | UEN | | — | |
| after citation 29 | 1 | PSE | | + | |
| after recital C | 29 | UEN | | — | |
| rec D | | original text | sep | + | |
| recital E | 7 | PPE-DE | | — | |
| recital K | 8 | PPE-DE | RCV | — | 210,283,11 |
| recital L | 9 | PPE-DE | | — | |
| recital Q | 10 | PPE-DE | RCV | — | 217,277,11 |
| after rec R | 11 | PPE-DE | | + | |
| after recital Y | 12 | PPE-DE | RCV | — | 210,284,12 |
| rec Z | 13 | PPE-DE | EV | + | 256,173,72 |
| rec AB | 14 | PPE-DE | RCV | — | 210,286,8 |
| rec AC | 2 | PSE | | + | |
| after rec AC | 3 | PSE | | + | |
| vote: resolution (as a whole) | RCV | + | 287,196,13 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 4

31

UEN

—

after § 4

28

UEN

—

§ 6

15

PPE-DE

—

§ 7

16

PPE-DE

—

§ 8

17

PPE-DE

—

after § 9

5

PSE

+

§ 10

original text

sep

+

after § 10

26

GUE/NGL

+

§ 11

18

PPE-DE

—

§ 13

19

PPE-DE

+

§ 17

original text

sep

+

§ 20

21

PPE-DE

RCV

—

186,305,16

30

UEN

RCV

—

215,285,3

20

PPE-DE

RCV

—

207,281,18

after § 21

4

PSE

+

§ 23

original text

sep

+

§ 24

24

Verts/ALE et al

+

§ 25

25

Verts/ALE et al

+

after § 25

22

PPE-DE

+

§ 26

23D

PPE-DE

RCV

—

228,277,3

citation 12

6

PPE-DE

—

after citation 15

27

UEN

—

after citation 29

1

PSE

+

after recital C

29

UEN

—

rec D

original text

sep

+

recital E

7

PPE-DE

—

recital K

8

PPE-DE

RCV

—

210,283,11

recital L

9

PPE-DE

—

recital Q

10

PPE-DE

RCV

—

217,277,11

after rec R

11

PPE-DE

+

after recital Y

12

PPE-DE

RCV

—

210,284,12

rec Z

13

PPE-DE

EV

+

256,173,72

rec AB

14

PPE-DE

RCV

—

210,286,8

rec AC

2

PSE

+

after rec AC

3

PSE

+

vote: resolution (as a whole)

RCV

+

287,196,13

Requests for roll-call votes

PPE-DE ams 20, 21 and final vote

PSE ams 30, 20, 21, 23D, 8, 10, 12, 14, final vote

Requests for separate vote

PPE-DE § 10

UEN rec D, §§ 10, 17, 23

31.   Simplifying and improving Community regulation

3rd Report: MEDINA ORTEGA (A5-0118/2004)

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

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: resolution (as a whole)

+

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Sörensen report A5-0099/2004

Resolution

For: 449

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Pannella, Raschhofer, Souchet, Turco

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bremmer, Brok, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stockton, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Berlato, Bigliardo, Camre, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Pasqua, Poli Bortone, Ribeiro e Castro, Turchi

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 45

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

GUE/NGL: Schröder Ilka

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

PPE-DE: Atkins, Balfe, Beazley, Bradbourn, Bushill-Matthews, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, García-Orcoyen Tormo, Goodwill, Harbour, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Perry, Provan, Purvis, Scallon, Stevenson, Sturdy, Twinn, Villiers

Abstention: 7

NI: Beysen, Borghezio, Mennea, Speroni

UEN: Caullery, Segni, Thomas-Mauro

Turco report A5-0108/2004

Text

For: 54

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

GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Gorostiaga Atxalandabaso, de La Perriere

PPE-DE: Ferri, García-Orcoyen Tormo, Garriga Polledo, Naranjo Escobar, Oreja Arburúa, Salafranca Sánchez-Neyra, Vidal-Quadras Roca, Zabell

UEN: Andrews, Camre, Fitzsimons, Hyland, Marchiani, Ribeiro e Castro

Against: 411

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

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

GUE/NGL: Ainardi, Kaufmann, Patakis

NI: Beysen, Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Martin Hans-Peter, Mennea, Pannella, Speroni, Stirbois, Turco

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Menrad, Mombaur, Morillon, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zacharakis, Zimmerling, Zissener

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

UEN: Berlato, Bigliardo, Caullery, Collins, Muscardini, Pasqua, Poli Bortone, Segni, Thomas-Mauro, Turchi

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

Abstention: 43

EDD: Abitbol, Kuntz

GUE/NGL: Puerta

NI: Berthu, Kronberger, Souchet

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

Cappato report A5-0104/2004

Resolution

For: 439

EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

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

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

NI: Berthu, Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Mennea, Pannella, Raschhofer, Souchet, Turco

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, 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, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 39

EDD: Belder, Blokland, van Dam

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

Abstention: 28

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

NI: Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Speroni, Stirbois

PPE-DE: Beazley

UEN: Berlato, Bigliardo, Caullery, Marchiani, Muscardini, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Turco report A5-0094/2004

Resolution

For: 439

EDD: Abitbol, Andersen, Bonde, Sandbæk

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

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

NI: Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Garaud, Hager, Ilgenfritz, Kronberger, Martin Hans-Peter, Mennea, Pannella, Raschhofer, Turco

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, 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, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Collins, Fitzsimons, Hyland, Segni

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 49

EDD: Belder, Blokland, van Dam

NI: Borghezio, Speroni

PPE-DE: Atkins, Balfe, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Perry, Provan, Purvis, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

UEN: Berlato, Bigliardo, Camre, Caullery, Marchiani, Muscardini, Pasqua, Poli Bortone, Ribeiro e Castro, Thomas-Mauro, Turchi

Abstention: 20

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

NI: Berthu, Claeys, Dillen, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, de La Perriere, Souchet, Stirbois

PPE-DE: Beazley

UEN: Queiró

Gröner recommendation A5-0083/2004

Amendment 5

For: 452

EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, 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, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 7

EDD: Belder, Blokland, Butel, van Dam, Esclopé, Farage, Saint-Josse

Abstention: 47

EDD: Bernié, Booth, Mathieu, Titford

GUE/NGL: Patakis

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

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

Corbett report A5-0068/2004

Amendment 4

For: 390

EDD: Belder, Blokland, van Dam, Sandbæk

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Wallis, Watson

GUE/NGL: Caudron, Naïr

NI: Beysen, Borghezio, Mennea, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bösch, Boselli, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, 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, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Fitzsimons, Hyland, Muscardini, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

Against: 78

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

GUE/NGL: Bergaz Conesa, Di Lello Finuoli, Fiebiger, Fraisse, Krarup, Manisco, Markov, Patakis, Scarbonchi

NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Martin Hans-Peter, Pannella, Stirbois, Turco

PPE-DE: Deva, De Veyrac, Goodwill, Maat, Schleicher, Tannock

PSE: Dehousse, Miguélez Ramos

UEN: Marchiani, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Graefe zu Baringdorf, Hudghton, 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

Abstention: 38

EDD: Booth, Farage, Kuntz, Titford

ELDR: Davies

GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Blak, Boudjenah, Brie, Eriksson, Figueiredo, Herzog, Jové Peres, Kaufmann, Koulourianos, Meijer, Modrow, Puerta, Ribeiro, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer, Souchet

PSE: Berger, Dhaene, Mendiluce Pereiro, Scheele

Paulsen report A5-0449/2003

Amendment 82

For: 204

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Fiebiger

NI: Beysen, Borghezio, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Mennea, Raschhofer, Speroni, Stirbois

PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zimmerling, Zissener

PSE: Berès, Görlach, Kindermann, Marinho

UEN: Andrews, Fitzsimons, Hyland, Queiró

Verts/ALE: Wyn

Against: 299

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Gorostiaga Atxalandabaso, de La Perriere, Martin Hans-Peter, Souchet

PPE-DE: Arvidsson, Cederschiöld, Grönfeldt Bergman, Sacrédeus, Stenmarck, Wachtmeister, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, van den Berg, Berger, Bösch, Boselli, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, 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, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Berlato, Bigliardo, Camre, Caullery, Collins, Marchiani, Muscardini, Pasqua, Poli Bortone, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 9

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

Paulsen report A5-0449/2003

Resolution

For: 287

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer

PPE-DE: Arvidsson, Cederschiöld, De Sarnez, Dimitrakopoulos, Ebner, Grönfeldt Bergman, Hortefeux, Maat, Oomen-Ruijten, Sacrédeus, Stenmarck, Trakatellis, Wachtmeister, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, 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, Vattimo, Veltroni, Volcic, Walter, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zrihen

UEN: Andrews, Berlato, Bigliardo, Collins, Fitzsimons, Hyland, Muscardini, Poli Bortone, Segni

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

Against: 194

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

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

PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Goebbels

UEN: Caullery, Marchiani, Queiró

Abstention: 23

EDD: Bonde, Kuntz, Sandbæk

GUE/NGL: Patakis

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

PPE-DE: Flemming

PSE: Dehousse, Görlach, Kindermann

UEN: Camre, Pasqua, Ribeiro e Castro

Fourtou report A5-0468/2003

Amendments 103 and 108

For: 156

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

ELDR: Boogerd-Quaak, van den Bos, Clegg, Monsonís Domingo, Plooij-van Gorsel, Rutelli, Thors, Vallvé

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

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, de Gaulle, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Stirbois, Turco

PPE-DE: Korhola, Lulling, Matikainen-Kallström, Suominen, Vatanen, Vlasto, Wijkman

PSE: van den Berg, Berger, van den Burg, Carrilho, Casaca, Dehousse, Dhaene, El Khadraoui, Färm, Fava, van Hulten, Imbeni, Izquierdo Rojo, Jöns, Marinho, Martin David W., Martínez Martínez, Mastorakis, Mendiluce Pereiro, Miranda de Lage, Napoletano, Paciotti, Ruffolo, Sacconi, Sakellariou, Scheele, Sornosa Martínez, Swiebel, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Wiersma, Zrihen

UEN: Berlato, Bigliardo, Muscardini, Poli Bortone, Queiró, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 346

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

ELDR: Andreasen, André-Léonard, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Bösch, Boselli, Bowe, Campos, Cashman, Cercas, Ceyhun, Corbey, De Keyser, Díez González, Duhamel, Duin, Ettl, Evans Robert J.E., Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Morgan, Müller, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Simpson, Skinner, Souladakis, Sousa Pinto, Stihler, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Tsatsos, Walter, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba

UEN: Andrews, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Pasqua, Thomas-Mauro

Abstention: 8

ELDR: Malmström, Olsson, Paulsen, Schmidt

GUE/NGL: Herzog

NI: Gollnisch

UEN: Camre, Ribeiro e Castro

Fourtou report A5-0468/2003

Amendments 104 and 109

For: 137

EDD: Andersen, Bonde, Sandbæk

ELDR: Boogerd-Quaak, van den Bos, Clegg, Monsonís Domingo, Plooij-van Gorsel, Rutelli, Thors, Vallvé

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

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

PPE-DE: Korhola, Lulling, Matikainen-Kallström, Suominen, Vatanen, Wijkman

PSE: van den Berg, Berger, Bösch, van den Burg, Carrilho, Casaca, Dehousse, Dhaene, El Khadraoui, Ettl, Fava, van Hulten, Imbeni, Izquierdo Rojo, Marinho, Mendiluce Pereiro, Napoletano, Paciotti, Prets, Ruffolo, Sacconi, Scheele, Swiebel, Swoboda, Torres Marques, Trentin, Vairinhos, Van Lancker, Vattimo, Veltroni, Volcic, Wiersma, Zrihen

UEN: Berlato, Bigliardo, Muscardini, Poli Bortone, Queiró, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 352

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

ELDR: Andreasen, André-Léonard, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Borghezio, Hager, Ilgenfritz, de La Perriere, Mennea, Souchet, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Boselli, Bowe, Campos, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Díez González, Duhamel, Duin, Evans Robert J.E., Färm, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Poignant, Poos, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Tsatsos, Valenciano Martínez-Orozco, Walter, Watts, Weiler, Whitehead, Wynn, Zorba

UEN: Andrews, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Pasqua, Thomas-Mauro

Abstention: 22

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

ELDR: Malmström, Olsson, Paulsen, Schmidt

GUE/NGL: Herzog

NI: Claeys, Dillen, de Gaulle, Gollnisch, Kronberger, Raschhofer, Stirbois

PSE: Zimeray

UEN: Camre

Fourtou report A5-0468/2003

Amendment 111

For: 165

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

ELDR: Boogerd-Quaak, van den Bos, Clegg, Plooij-van Gorsel, Thors, Vallvé

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

NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Speroni, Turco

PPE-DE: Korhola, Matikainen-Kallström, Suominen, Vatanen

PSE: Barón Crespo, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carraro, Carrilho, Casaca, Cercas, Corbey, Dehousse, De Keyser, Dhaene, Duhamel, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gillig, Guy-Quint, van Hulten, Imbeni, Lalumière, Lavarra, Marinho, Mendiluce Pereiro, Napoletano, Paciotti, Pittella, Poignant, Prets, Rocard, Roure, Ruffolo, Sacconi, Scheele, Swiebel, Swoboda, Terrón i Cusí, Torres Marques, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Wiersma, Zimeray, Zrihen

UEN: Berlato, Bigliardo, Muscardini, Nobilia, Poli Bortone, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 343

EDD: Kuntz

ELDR: Andreasen, André-Léonard, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Boselli, Bowe, Cashman, Ceyhun, Corbett, Díez González, Duin, Evans Robert J.E., Färm, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, 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, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Poos, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Theorin, Thorning-Schmidt, Titley, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Walter, Watts, Weiler, Whitehead, Wynn, Zorba

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

Abstention: 10

ELDR: Malmström, Olsson, Paulsen, Schmidt

GUE/NGL: Herzog, Puerta

NI: Martin Hans-Peter

PPE-DE: Jarzembowski, Lisi

UEN: Camre

Fourtou report A5-0468/2003

Amendment 53

For: 193

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

ELDR: Boogerd-Quaak, van den Bos, Clegg, Plooij-van Gorsel, Thors, Vallvé

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

NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Stirbois, Turco

PPE-DE: Doorn, Ferri, Karas, Korhola, Matikainen-Kallström, Rack, Rübig, Schierhuber, Suominen, Vatanen, Zappalà

PSE: Aparicio Sánchez, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Dehousse, De Keyser, Dhaene, Duhamel, Duin, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gebhardt, Gillig, Görlach, Gröner, Guy-Quint, Haug, van Hulten, Imbeni, Izquierdo Rojo, Jöns, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lalumière, Lange, Lavarra, Leinen, Mendiluce Pereiro, Müller, Napoletano, Napolitano, Paciotti, Piecyk, Pittella, Poignant, Prets, Rapkay, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schulz, Swiebel, Swoboda, Terrón i Cusí, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zimeray, Zrihen

UEN: Segni

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 310

EDD: Belder, Blokland, van Dam, Kuntz

ELDR: Andreasen, André-Léonard, Busk, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Adam, Andersson, Baltas, Barón Crespo, Boselli, Bowe, Cashman, Corbey, Díez González, Evans Robert J.E., Färm, Gill, Glante, Goebbels, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Karamanou, Katiforis, Kinnock, Koukiadis, Lage, 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, Murphy, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Poos, Read, Sandberg-Fries, dos Santos, Savary, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Whitehead, Wynn, Zorba

UEN: Andrews, Bigliardo, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 12

EDD: Booth, Farage, Titford

ELDR: Malmström, Olsson, Paulsen, Schmidt

GUE/NGL: Herzog

NI: Martin Hans-Peter

UEN: Camre, Nobilia, Turchi

Fourtou report A5-0468/2003

Amendment 54, 1st part

For: 198

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

ELDR: Boogerd-Quaak, Clegg, Plooij-van Gorsel, Rutelli, Thors, Vallvé

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

NI: Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Stirbois, Turco

PPE-DE: Doorn, Karas, Korhola, Matikainen-Kallström, Pronk, Rack, Rübig, Schierhuber, Vatanen

PSE: Berenguer Fuster, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carraro, Carrilho, Casaca, Ceyhun, Corbett, Dehousse, De Keyser, Dhaene, Duhamel, Duin, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, van Hulten, Imbeni, Izquierdo Rojo, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lalumière, Lange, Lavarra, Leinen, Mastorakis, Mendiluce Pereiro, Miguélez Ramos, Müller, Napoletano, Paasilinna, Paciotti, Piecyk, Pittella, Poignant, Prets, Randzio-Plath, Rocard, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schulz, Swiebel, Swoboda, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zimeray, Zrihen

UEN: Berlato, Muscardini, Poli Bortone, Segni

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 305

EDD: Kuntz

ELDR: Andreasen, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Borghezio, Hager, de La Perriere, Souchet, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Boselli, Bowe, Cashman, Corbey, Díez González, Evans Robert J.E., Färm, Gill, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Lage, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Murphy, Napolitano, Obiols i Germà, O'Toole, Pérez Royo, Poos, Rapkay, Read, Rothley, Sandberg-Fries, dos Santos, Savary, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Whitehead, Wynn, Zorba

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

Abstention: 11

ELDR: Malmström, Olsson, Paulsen, Schmidt

GUE/NGL: Herzog

NI: Martin Hans-Peter, Mennea

UEN: Bigliardo, Camre, Nobilia, Turchi

Fourtou report A5-0468/2003

Commission proposal

For: 339

EDD: Belder, Blokland, van Dam, Kuntz

ELDR: Andreasen, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Vermeer, Virrankoski, Wallis, Watson

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

NI: Beysen, Borghezio, de La Perriere, Mennea, Souchet, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Boselli, Bowe, Campos, Casaca, Cashman, Cercas, Corbett, Corbey, De Keyser, Díez González, Duhamel, Evans Robert J.E., Färm, Fruteau, Garot, Gill, Glante, Gröner, Guy-Quint, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Lage, Lalumière, 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, Murphy, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Poignant, Poos, Rapkay, Read, Rocard, Rothley, Roure, Sandberg-Fries, Sauquillo Pérez del Arco, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba

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

Against: 144

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

ELDR: Boogerd-Quaak, Clegg, Malmström, Olsson, Paulsen, Plooij-van Gorsel, Schmidt, Thors

GUE/NGL: Bergaz Conesa, Blak, Boudjenah, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Kaufmann, Krarup, Manisco, Markov, Meijer, Ribeiro, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Turco

PPE-DE: Korhola, Matikainen-Kallström, Schierhuber, Vatanen

PSE: van den Berg, Berger, Bösch, van den Burg, Carraro, Carrilho, Ceyhun, Dehousse, Dhaene, Duin, El Khadraoui, Ettl, Fava, Gebhardt, Goebbels, Görlach, Haug, van Hulten, Imbeni, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lange, Lavarra, Leinen, Mendiluce Pereiro, Müller, Napoletano, Napolitano, Paciotti, Piecyk, Pittella, Prets, Randzio-Plath, Rothe, Ruffolo, Sacconi, Sakellariou, Scheele, Schulz, Swiebel, Swoboda, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Wiersma, Zrihen

UEN: Berlato, Bigliardo, Muscardini, Nobilia, Poli Bortone, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 38

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

ELDR: André-Léonard, Vallvé, Van Hecke

GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Brie, Caudron, Koulourianos, Modrow, Morgantini, Naïr, Patakis, Scarbonchi, Uca, Vinci, Wurtz

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Martin Hans-Peter, Stirbois

PPE-DE: Lisi, Suominen, Wijkman

PSE: Roth-Behrendt, dos Santos, Savary

UEN: Camre

Fourtou report A5-0468/2003

Resolution

For: 330

EDD: Belder, Blokland, van Dam, Kuntz

ELDR: Andreasen, Busk, Calò, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Sanders-ten Holte, Sterckx, Sørensen, Väyrynen, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Fraisse, Herzog, Puerta

NI: Berthu, Beysen, Borghezio, de La Perriere, Mennea, Souchet, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Boselli, Bowe, Campos, Casaca, Cashman, Cercas, Corbett, Díez González, Duhamel, Evans Robert J.E., Färm, Fruteau, Garot, Gill, Gillig, Glante, Guy-Quint, Hänsch, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Lage, Lalumière, Lavarra, 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, Morgan, Murphy, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Poignant, Poos, Rapkay, Read, Rocard, Rothley, Roure, Sandberg-Fries, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Simpson, Skinner, Sornosa Martínez, Souladakis, Stihler, Stockmann, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Watts, Whitehead, Wynn, Zimeray, Zorba

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

Against: 151

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

ELDR: Boogerd-Quaak, Clegg, Malmström, Olsson, Paulsen, Plooij-van Gorsel, Schmidt, Thors

GUE/NGL: Bergaz Conesa, Blak, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Kaufmann, Krarup, Manisco, Markov, Meijer, Ribeiro, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Pannella, Raschhofer, Turco

PPE-DE: Deva, Florenz, Korhola, Matikainen-Kallström, Schierhuber, Wijkman

PSE: van den Berg, Berger, Bösch, van den Burg, Carraro, Carrilho, Ceyhun, Corbey, Dehousse, De Keyser, Dhaene, Duin, El Khadraoui, Ettl, Fava, Gebhardt, Goebbels, Görlach, Haug, van Hulten, Imbeni, Izquierdo Rojo, Junker, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lange, Leinen, Mendiluce Pereiro, Moraes, Müller, Napoletano, Paciotti, Piecyk, Pittella, Prets, Randzio-Plath, Rothe, Ruffolo, Sacconi, Sakellariou, dos Santos, Scheele, Schulz, Soares, Swiebel, Swoboda, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zrihen

UEN: Berlato, Bigliardo, Camre, Muscardini, Nobilia, Poli Bortone, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 39

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

ELDR: André-Léonard, van den Bos, Vallvé, Van Hecke

GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Boudjenah, Brie, Caudron, Jové Peres, Koulourianos, Modrow, Morgantini, Naïr, Patakis, Scarbonchi, Uca, Vinci, Wurtz

NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Martin Hans-Peter, Stirbois

PPE-DE: Lisi, Marini, Suominen

PSE: Gröner, Roth-Behrendt, Sousa Pinto

Oostlander report A5-0095/2004

Amendment 1

For: 261

EDD: Andersen, Bonde, van Dam, Sandbæk

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

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

PPE-DE: Atkins, Balfe, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Mantovani, Mauro, Nicholson, Perry, Provan, Purvis, Scallon, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 242

EDD: Abitbol, Belder, Bernié, Blokland, Butel, Esclopé, Kuntz, Mathieu

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, de La Perriere, Mennea, Raschhofer, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bremmer, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Färm, Hedkvist Petersen, Karlsson, Pérez Royo, Sandberg-Fries, Theorin

UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Pasqua, Poli Bortone, Queiró, Segni, Thomas-Mauro, Turchi

Abstention: 7

EDD: Booth, Farage, Saint-Josse, Titford

GUE/NGL: Eriksson

PSE: Dehousse, Hänsch

Bastos report A5-0092/2004

Amendment 8

For: 241

ELDR: Plooij-van Gorsel, Sanders-ten Holte

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

NI: Gorostiaga Atxalandabaso, Kronberger, Martin Hans-Peter, Pannella

PPE-DE: Berend, von Boetticher, Gutiérrez-Cortines, Mombaur, Wijkman

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

UEN: Camre, Caullery, Marchiani, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 222

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

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, de La Perriere, Mennea, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Bourlanges, Bowis, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Andrews, Berlato, Bigliardo, Collins, Fitzsimons, Hyland, Muscardini, Poli Bortone, Segni, Turchi

Abstention: 48

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

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

PPE-DE: Atkins, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Provan, Purvis, Scallon, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Twinn, Van Orden, Villiers

PSE: Van Lancker

Bastos report A5-0092/2004

Paragraph 7

For: 470

EDD: Abitbol, Andersen, Bernié, Bonde, Booth, Butel, Esclopé, Farage, Kuntz, Mathieu, Sandbæk, Titford

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Beysen, Borghezio, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Raschhofer, Souchet, Speroni

PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Baltas, Barón Crespo, Berenguer Fuster, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Caullery, Marchiani, Nobilia, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Duthu, Echerer, Flautre, Graefe zu Baringdorf, Hudghton, 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: 20

EDD: Belder, Blokland, van Dam

NI: Garaud, Mennea

PPE-DE: Arvidsson, Cederschiöld, Grönfeldt Bergman, Mantovani, Stenmarck, Wachtmeister

UEN: Andrews, Berlato, Bigliardo, Collins, Fitzsimons, Hyland, Muscardini, Poli Bortone, Segni

Abstention: 14

EDD: Saint-Josse

GUE/NGL: Patakis

NI: Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Pannella, Stirbois, Turco

PSE: Dehousse

Bastos report A5-0092/2004

Amendment 5

For: 169

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vinci, Wurtz

NI: Gorostiaga Atxalandabaso

PPE-DE: McMillan-Scott

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, Díez González, Duhamel, Duin, Ettl, Evans Robert J.E., Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hughes, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, Malliori, Mastorakis, Mendiluce Pereiro, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Murphy, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Souladakis, Stihler, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Graefe zu Baringdorf, Hudghton, 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: 321

EDD: Abitbol, Belder, Blokland, van Dam

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, de La Perriere, Mennea, Raschhofer, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Bowe, Carraro, Carrilho, De Keyser, Dhaene, El Khadraoui, Färm, Fava, Fruteau, Gillig, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, van Hulten, Hume, Krehl, Kreissl-Dörfler, Kuckelkorn, McNally, Mann Erika, Marinho, Martin David W., Martínez Martínez, Medina Ortega, Menéndez del Valle, Morgan, Müller, Paciotti, Poignant, Poos, Read, Rocard, Ruffolo, Sacconi, Sandberg-Fries, dos Santos, Savary, Soares, Sornosa Martínez, Sousa Pinto, Stockmann, Trentin, Tsatsos, Vattimo, Veltroni, Volcic, Zimeray, Zrihen

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

Abstention: 21

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

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

PSE: Van Lancker

UEN: Camre

Bastos report A5-0092/2004

Amendment 2

For: 353

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

ELDR: André-Léonard, Rutelli

GUE/NGL: Herzog

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Díez González, Duhamel, Duin, Ettl, Evans Robert J.E., Fava, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

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

Against: 143

EDD: Andersen, Bonde, Mathieu, Sandbæk

ELDR: Andreasen, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer

PPE-DE: Bremmer, Maat, Martens, Oomen-Ruijten, Thyssen, Wijkman

PSE: Andersson, Dehousse, De Keyser, Dhaene, El Khadraoui, Färm, Gillig, Gröner, Guy-Quint, Junker, Lund, Marinho, Miguélez Ramos, Roure, Swiebel, Theorin, Van Lancker, Zimeray, Zrihen

UEN: Camre

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 13

EDD: Bernié, Butel, Esclopé

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

PPE-DE: Matikainen-Kallström, Suominen

Bastos report A5-0092/2004

Resolution

For: 424

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

ELDR: Rutelli

GUE/NGL: Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Uca, Vinci, Wurtz

NI: Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Speroni, Stirbois

PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Camisón Asensio, Cardoso, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferri, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Karas, Kastler, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 51

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

PPE-DE: Arvidsson, Cederschiöld, Fatuzzo, Grönfeldt Bergman, Stenmarck, Wachtmeister

PSE: Swiebel

Abstention: 37

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

ELDR: André-Léonard

GUE/NGL: Ainardi, Fiebiger, Krarup, Patakis, Sjöstedt

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

PPE-DE: Callanan, Fiori, Jeggle, Keppelhoff-Wiechert, Lulling, Nicholson, Posselt, Radwan

PSE: Dehousse, Gillig, Guy-Quint, Lund, Zimeray, Zrihen

UEN: Camre

Valenciano Martinez-Orozco report A5-0102/2004

Resolution

For: 311

EDD: Andersen, Bonde, Sandbæk

ELDR: André-Léonard, Boogerd-Quaak, Calò, Clegg, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Rousseaux, Sanders-ten Holte, Schmidt, Sterckx, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Mennea, Pannella, Raschhofer, Speroni, Turco

PPE-DE: Atkins, Balfe, Bodrato, Bradbourn, Bushill-Matthews, Chichester, Cocilovo, Corrie, Deprez, Deva, Dover, Elles, Ferri, Gargani, Goodwill, Harbour, Inglewood, Jackson, Khanbhai, McMillan-Scott, Perry, Provan, Purvis, Scallon, Stevenson, van Velzen

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

UEN: Berlato, Bigliardo, Camre, Collins, Fitzsimons, Hyland, Muscardini, Nobilia, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

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

Against: 38

EDD: Belder, Blokland, van Dam

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

NI: Berthu, de La Perriere, Souchet

PPE-DE: Berend, von Boetticher, Ferber, Florenz, Foster, Goepel, Gomolka, Helmer, Jarzembowski, Klamt, Koch, Langen, Lechner, Mayer Xaver, Menrad, Nassauer, Oostlander, Posselt, Radwan, Redondo Jiménez, Sacrédeus, Schleicher, Schwaiger, Sommer, Wieland, Zimmerling, Zissener

Abstention: 156

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

GUE/NGL: Patakis

NI: Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bourlanges, Bowis, Bremmer, Brok, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Ebner, Evans Jonathan, Fatuzzo, Fernández Martín, Fiori, Flemming, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klaß, Knolle, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mombaur, Morillon, Musotto, Naranjo Escobar, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Piscarreta, Podestà, Poettering, Pronk, Quisthoudt-Rowohl, Rack, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Stauner, Stenmarck, Stenzel, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Varela Suanzes-Carpegna, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà

UEN: Andrews, Caullery, Marchiani, Pasqua, Thomas-Mauro

Junker report A5-0055/2004

Amendment 21

For: 186

EDD: Belder, Blokland, van Dam

ELDR: Calò

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Atkins, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Hannan, Harbour, Heaton-Harris, Helmer, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Sommer, Stauner, Stenzel, Stevenson, Stockton, Sturdy, Sumberg, Tajani, Tannock, Theato, Trakatellis, Twinn, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, Duin

UEN: Andrews, Berlato, Bigliardo, Muscardini, Poli Bortone, Turchi

Against: 305

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

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PPE-DE: Balfe, Decourrière, Matikainen-Kallström, Posselt, Schaffner, Smet, Sudre, Thyssen, de Veyrinas, Vlasto, Wijkman

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

UEN: Camre, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Pasqua, Queiró, Ribeiro e Castro, Segni

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 16

EDD: Booth, Titford

PPE-DE: Arvidsson, Cederschiöld, Descamps, Grönfeldt Bergman, Hermange, Lamassoure, Martin Hugues, Rack, Rübig, Scallon, Stenmarck, Suominen, Wachtmeister

UEN: Thomas-Mauro

Junker report A5-0055/2004

Amendment 30

For: 215

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

ELDR: Calò

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hortefeux, Inglewood, Jackson, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, Leinen, Soares

UEN: Andrews, Berlato, Bigliardo, Camre, Collins, Hyland, Marchiani, Muscardini, Nobilia, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Against: 285

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PPE-DE: Jarzembowski, Lamassoure, Matikainen-Kallström, Schaffner, de Veyrinas, Wachtmeister, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 3

PPE-DE: Suominen

UEN: Caullery, Pasqua

Junker report A5-0055/2004

Amendment 20

For: 207

EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

ELDR: Calò

NI: Beysen, Borghezio, Hager, Ilgenfritz, Kronberger, Mennea, Raschhofer, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, 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, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Against: 281

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

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Martin Hans-Peter, Pannella, Turco

PPE-DE: Matikainen-Kallström

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Collins, Hyland, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 18

EDD: Booth, Titford

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, de La Perriere, Souchet, Stirbois

PPE-DE: Lamassoure, Posselt, Rack, Rübig, Scallon, Suominen

UEN: Camre

Junker report A5-0055/2004

Amendment 23

For: 228

EDD: Abitbol, Belder, Bernié, Blokland, Booth, Butel, van Dam, Esclopé, Kuntz

ELDR: Calò

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Mantovani, Marini, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Against: 277

EDD: Andersen, Bonde, Mathieu, Sandbæk

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 3

EDD: Titford

NI: Souchet

PSE: Dehousse

Junker report A5-0055/2004

Amendment 8

For: 210

EDD: Belder, Blokland, van Dam, Kuntz

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Mennea, Souchet, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Miguélez Ramos

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

Against: 283

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

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

PPE-DE: Martin Hugues, Matikainen-Kallström, Schaffner, Suominen, de Veyrinas, Vlasto, Wijkman

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 11

EDD: Booth, Titford

ELDR: Calò

NI: Borghezio, de La Perriere, Raschhofer, Speroni

PPE-DE: Posselt, Rack, Rübig, Scallon

Junker report A5-0055/2004

Amendment 10

For: 217

EDD: Belder, Blokland, Butel, van Dam, Esclopé, Kuntz

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Against: 277

EDD: Andersen, Bonde, Mathieu, Sandbæk

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PPE-DE: Matikainen-Kallström, Suominen, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 11

EDD: Abitbol, Bernié, Booth, Titford

ELDR: Calò

GUE/NGL: Patakis

PPE-DE: Posselt, Rack, Radwan, Rübig, Scallon

Junker report A5-0055/2004

Amendment 12

For: 210

EDD: Belder, Blokland, van Dam, Kuntz

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Mennea, Souchet, Speroni, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Against: 284

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

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PPE-DE: Matikainen-Kallström, Schaffner, Suominen, de Veyrinas, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 12

EDD: Abitbol, Booth, Titford

ELDR: Calò

GUE/NGL: Patakis

NI: de La Perriere

PPE-DE: Martin Hugues, Posselt, Rack, Radwan, Rübig, Scallon

Junker report A5-0055/2004

Amendment 14

For: 210

EDD: Belder, Blokland, van Dam, Kuntz

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, 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, Mantovani, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Gillig

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

Against: 286

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

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PPE-DE: Martin Hugues, Matikainen-Kallström, Schaffner, Suominen, de Veyrinas, Vlasto, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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

Abstention: 8

EDD: Abitbol, Booth, Titford

ELDR: Calò

PPE-DE: Posselt, Rack, Rübig, Scallon

Junker report A5-0055/2004

Resolution

For: 287

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

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

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Eriksson, Figueiredo, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Modrow, Morgantini, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vinci, Wurtz

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Martin Hans-Peter, Pannella, Raschhofer, Turco

PPE-DE: Arvidsson, Cederschiöld, Gargani, Grönfeldt Bergman, Jackson, Matikainen-Kallström, Nisticò, Schaffner, Stenmarck, Sumberg, Tannock, Wachtmeister, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Dhaene, Díez González, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, 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, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, 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: 196

EDD: Belder, Blokland, van Dam, Kuntz

ELDR: Calò

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, de La Perriere, Mennea, Souchet, Stirbois

PPE-DE: Almeida Garrett, Atkins, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Coelho, Corrie, Cushnahan, Daul, Decourrière, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Helmer, Hermange, Hernández Mollar, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, Mantovani, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenzel, Stevenson, Sudre, Suominen, Tajani, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Villiers, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Marinho

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

Abstention: 13

EDD: Abitbol, Booth, Titford

PPE-DE: Cornillet, De Sarnez, Dimitrakopoulos, Fernández Martín, Grosch, Maat, Oomen-Ruijten, Trakatellis, de Veyrinas, Vlasto

---

TEXTS ADOPTED

P5_TA(2004)0123

Waste ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on waste (codified version) (COM(2003) 731 — C5-0577/2003 — 2003/0283(COD))

(Codecision procedure)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 731) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 731) (1),

| — | having regard to Articles 251(2) and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0577/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0577/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0117/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0117/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0124

Extraction solvents used in the production of foodstuffs ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (codified version) (COM(2003) 467 — C5-0364/2003 — 2003/0181(COD))

(Codecision procedure)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 467) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 467) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0364/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0364/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0085/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0085/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0125

Cargo shipping ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council decision concerning the activities of certain third countries in the field of cargo shipping (codified version) (COM(2003) 732 — C5-0578/2003 — 2003/0285(COD))

(Codecision procedure)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 732) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 732) (1),

| — | having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0578/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0578/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0086/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0086/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0126

Participation in pre-accession Community assistance programmes *

European Parliament legislative resolution on the proposal for a Council regulation amending Council Regulations (EEC) No 3906/89, (EC) No 555/2000, (EC) No 2500/2001(EC), (EC) No 1268/1999 and (EC) No 1267/1999 in order to allow the Stabilisation and Association Process Countries to participate in tenders organised under the pre-accession Community assistance programmes (COM(2003) 793 — C5-0049/2004 — 2003/0306(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM (2003) 793) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM (2003) 793) (1),

| — | having regard to Article 181a, paragraph 2 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0049/2004), |
| --- | --- |

—

having regard to Article 181a, paragraph 2 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0049/2004),

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

—

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

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0089/2004), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0089/2004),

| 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 the Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0127

Protection of the Community's financial interests ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council decision establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests (COM(2003) 278 — C5-0312/2003 — 2003/0152(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 278) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 278) (1),

| — | having regard to the European Court of Auditors' Opinion No 8/2003 (2), |
| --- | --- |

—

having regard to the European Court of Auditors' Opinion No 8/2003 (2),

| — | having regard to Articles 251(2) and 280(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0312/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 280(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0312/2003),

| — | having regard to Article 112 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), |
| --- | --- |

—

having regard to Article 112 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

| — | having regard to the declaration of 18 December 2003 by the European Parliament and the Council on the programmes adopted under codecision (4), |
| --- | --- |

—

having regard to the declaration of 18 December 2003 by the European Parliament and the Council on the programmes adopted under codecision (4),

| — | 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 Budgetary Control and the opinion of the Committee on Budgets (A5-0087/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A5-0087/2004),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement in the Commission proposal is compatible with the ceiling of headings 3 and 5 of the 2000-2006 financial perspective; |
| --- | --- |

2.

Considers that the financial statement in the Commission proposal is compatible with the ceiling of headings 3 and 5 of the 2000-2006 financial perspective;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

3.

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

| 4. | Calls also, in keeping with the European Court of Auditors' opinion, for the objectives of the action programme, should it be renewed after 2006, to be more clearly defined and more effectively measurable in order to facilitate evaluation; |
| --- | --- |

4.

Calls also, in keeping with the European Court of Auditors' opinion, for the objectives of the action programme, should it be renewed after 2006, to be more clearly defined and more effectively measurable in order to facilitate evaluation;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 318, 30.12.2003, p. 5.

(3)  OJ L 248, 16.9.2002, p. 1.

(4)  P5_TA(2003)0588.

P5_TC1-COD(2003)0152

Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Decision No .../2004/EC on establishing a Community action programme to promote activities in the field of the protection of the Community's financial interests

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 280(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the Court of Auditors (1),

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

Whereas:

| (1) | The Community and the Member States have set themselves the objective of countering fraud and any other illegal activities affecting the Community's financial interests. All available means must be deployed to attain that objective, whilst maintaining the current distribution and balance of responsibilities between the national and Community levels. |
| --- | --- |

(1)

The Community and the Member States have set themselves the objective of countering fraud and any other illegal activities affecting the Community's financial interests. All available means must be deployed to attain that objective, whilst maintaining the current distribution and balance of responsibilities between the national and Community levels.

| (2) | Activities with the purpose of providing better information, carrying out studies and providing training or technical and scientific assistance in the fight against fraud help significantly to protect the Community's financial interests. |
| --- | --- |

(2)

Activities with the purpose of providing better information, carrying out studies and providing training or technical and scientific assistance in the fight against fraud help significantly to protect the Community's financial interests.

| (3) | Activities in this field should therefore be promoted and bodies engaged in this field should be supported by awarding operating grants. Experience has shown the value of providing support at Community level as compared with national promotional activities. |
| --- | --- |

(3)

Activities in this field should therefore be promoted and bodies engaged in this field should be supported by awarding operating grants. Experience has shown the value of providing support at Community level as compared with national promotional activities.

| (4) | Support for bodies and activities was provided until 2003 by credits entered in lines A03600 and A03010 (Conferences, congresses and meetings in connection with the activities of the associations of European lawyers for the protection of the financial interests of the Community) and in line B5-910 (General measures to combat fraud) of the general budget of the European Union. |
| --- | --- |

(4)

Support for bodies and activities was provided until 2003 by credits entered in lines A03600 and A03010 (Conferences, congresses and meetings in connection with the activities of the associations of European lawyers for the protection of the financial interests of the Community) and in line B5-910 (General measures to combat fraud) of the general budget of the European Union.

| (5) | Article 112 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) lays down strict conditions for financial assistance for measures specified in a basic instrument which have already begun. |
| --- | --- |

(5)

Article 112 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) lays down strict conditions for financial assistance for measures specified in a basic instrument which have already begun.

| (6) | It is therefore necessary to adopt that basic instrument so that, by adopting this Decision establishing a structured, specific and multidisciplinary Community action programme for a substantial period, all existing support measures are rationalised and supplemented. |
| --- | --- |

(6)

It is therefore necessary to adopt that basic instrument so that, by adopting this Decision establishing a structured, specific and multidisciplinary Community action programme for a substantial period, all existing support measures are rationalised and supplemented.

| (7) | The programme should be opened up to all Member States and neighbouring countries in view of the importance of providing effective and equivalent protection for the Community's financial interests beyond the Member States alone. |
| --- | --- |

(7)

The programme should be opened up to all Member States and neighbouring countries in view of the importance of providing effective and equivalent protection for the Community's financial interests beyond the Member States alone.

| (8) | The European Parliament, the Council and the Commission, when adopting Regulation (EC, Euratom) No 1605/2002, undertook to achieve the objective of ensuring that this basic act comes into force as from the financial year 2004. |
| --- | --- |

(8)

The European Parliament, the Council and the Commission, when adopting Regulation (EC, Euratom) No 1605/2002, undertook to achieve the objective of ensuring that this basic act comes into force as from the financial year 2004.

| (9) | The support measures should also take account of the particular characteristics of bodies involved in protecting the Community's financial interests. |
| --- | --- |

(9)

The support measures should also take account of the particular characteristics of bodies involved in protecting the Community's financial interests.

| (10) | This Decision lays down for the entire duration of the programme a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4), for the budgetary authority during the annual budgetary procedure. |
| --- | --- |

(10)

This Decision lays down for the entire duration of the programme a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4), for the budgetary authority during the annual budgetary procedure.

| (11) | The Commission should present to the European Parliament and the Council an interim report by the European Anti-Fraud Office (OLAF) on the implementation of this programme and a final report on the attainment of the said programme's objectives. |
| --- | --- |

(11)

The Commission should present to the European Parliament and the Council an interim report by the European Anti-Fraud Office (OLAF) on the implementation of this programme and a final report on the attainment of the said programme's objectives.

| (12) | This Decision complies with the principles of subsidiarity and proportionality. |
| --- | --- |

(12)

This Decision complies with the principles of subsidiarity and proportionality.

| (13) | This Decision is without prejudice to the grants awarded in the field of protection of the Community's financial interests on the basis of programmes concerning the law-enforcement aspect, |
| --- | --- |

(13)

This Decision is without prejudice to the grants awarded in the field of protection of the Community's financial interests on the basis of programmes concerning the law-enforcement aspect,

HAVE DECIDED AS FOLLOWS:

Article 1

Objective of the programme

1.   This Decision establishes a Community action programme to promote activities in the field of the protection of the financial interests of the Community. The programme shall be known as the ‘HERCULE‧ programme.

2.   The purpose of the programme shall be to help protect the Community's financial interests by promoting activities and supporting bodies in accordance with the general criteria set out in the Annex and specified in detail in each annual grants programme. It shall take transnational and multidisciplinary aspects into account. It shall focus on aligning the substance of activities so as to guarantee effective and equivalent levels of protection on the basis of mutually agreed best practice while also respecting the distinct traditions of each Member State.

Article 2

Access to the programme

1.   To qualify for a Community grant for an activity aimed at protecting the Community's financial interests, grant beneficiaries must comply with the provisions set out in the Annex. The activity must conform to the principles underlying Community activity in the field of the protection of the Community's financial interests and take account of the specific criteria laid down in the related calls for proposals, in accordance with the priorities set out in the annual grants programme detailing the general criteria set out in the Annex.

2.   To qualify for a Community operating grant under the ongoing work programme of a body which pursues an objective of general European interest in the field of the protection of the Community's financial interests, the body concerned must satisfy the general criteria set out in the Annex.

3.   Applications for operating grants must contain all necessary information, to enable the Commission to select beneficiaries, on:

| — | the type of body, |
| --- | --- |

—

the type of body,

| — | the measures to protect the Community's financial interests, |
| --- | --- |

—

the measures to protect the Community's financial interests,

| — | the likely cost of implementing the measures, |
| --- | --- |

—

the likely cost of implementing the measures,

| — | all criteria set out in point 4 of the Annex. |
| --- | --- |

—

all criteria set out in point 4 of the Annex.

Article 3

Participation by countries outside the Community

In addition to beneficiaries and bodies located in the Member States, participation in the Community action programme shall be open to those located in:

| (a) | acceding countries which signed the Accession Treaty on 16 April 2003; |
| --- | --- |

(a)

acceding countries which signed the Accession Treaty on 16 April 2003;

| (b) | the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement; |
| --- | --- |

(b)

the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

| (c) | Bulgaria and Romania, in accordance with the conditions laid down in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils; |
| --- | --- |

(c)

Bulgaria and Romania, in accordance with the conditions laid down in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils;

| (d) | Turkey, in accordance with Council Decision 2002/179/EC of 17 December 2001 concerning the conclusion of a Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes (5). |
| --- | --- |

(d)

Turkey, in accordance with Council Decision 2002/179/EC of 17 December 2001 concerning the conclusion of a Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes (5).

Article 4

Selection of beneficiaries

1.   The programme covers one type of awarding procedure by means of a call for proposals for all beneficiaries.

2.   The bodies to receive grants for activities shall be selected following a call for proposals, in accordance with the priorities set out in the annual grants programme, which details the general criteria referred to in the Annex. Grants awarded for an activity covered by the programme shall meet the general criteria set out in the Annex.

3.   The bodies to receive operating grants shall be selected following a call for proposals. The award of an operating grant on the basis of a beneficiary's ongoing work programme shall meet the general criteria set out in the Annex. On the basis of the call for proposals, the Commission shall draw up a list of the beneficiaries and the amounts approved, in accordance with Article 116 of Regulation (EC, Euratom) No 1605/2002.

Article 5

Awarding of the grant

1.   Financial assistance granted for activities may not cover all eligible expenditure. The amount of a grant for an activity awarded under the programme may not exceed the following rates:

| (a) | 50 % of eligible expenditure for technical support; |
| --- | --- |

(a)

50 % of eligible expenditure for technical support;

| (b) | 80 % of eligible expenditure for training measures, promoting exchanges of specialised staff and the holding of seminars and conferences, provided that the beneficiaries are those referred to in point 2, first indent of the Annex; |
| --- | --- |

(b)

80 % of eligible expenditure for training measures, promoting exchanges of specialised staff and the holding of seminars and conferences, provided that the beneficiaries are those referred to in point 2, first indent of the Annex;

| (c) | 90 % of eligible expenditure for the holding of seminars and conferences, etc., provided that the beneficiaries are those referred to in point 2, second and third indents of the Annex. |
| --- | --- |

(c)

90 % of eligible expenditure for the holding of seminars and conferences, etc., provided that the beneficiaries are those referred to in point 2, second and third indents of the Annex.

2.   The amount of an operating grant awarded under this programme may not exceed 70 % of the eligible expenditure of the body for the calendar year for which the grant is awarded.

Pursuant to Article 113(2) of Regulation (EC, Euratom) No 1605/2002, where such operating grants are renewed, they shall be gradually decreased. If a grant is awarded to a body which received an operating grant the preceding year, the percentage of Community co-financing represented by the new grant shall be at least 10 percentage points lower than the Community co-financing percentage represented by the grant in the preceding year.

Article 6

Financial provisions

1.   This programme shall start on 1 January 2004 and end on 31 December 2006.

2.   The financial framework for the implementation of the programme for the period 2004 to 2006 shall be EUR 11 775 000.

3.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 7

Monitoring and evaluation

The Commission shall present to the European Parliament and the Council:

| (a) | by 30 June 2006 at the latest, a report by OLAF on the implementation of the programme and the appropriateness of continuing it; |
| --- | --- |

(a)

by 30 June 2006 at the latest, a report by OLAF on the implementation of the programme and the appropriateness of continuing it;

| (b) | by 31 December 2007 at the latest, a report by OLAF on the achievement of the objectives of the programme. The report, based on the results obtained by the beneficiaries, shall assess, in particular, their effectiveness in achieving the objectives defined in Article 1 and in the Annex. |
| --- | --- |

(b)

by 31 December 2007 at the latest, a report by OLAF on the achievement of the objectives of the programme. The report, based on the results obtained by the beneficiaries, shall assess, in particular, their effectiveness in achieving the objectives defined in Article 1 and in the Annex.

Article 8

Entry into force

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

Done at . . ., . . .

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 318, 30.12.2003, p. 5.

1

(2)  Opinion of the European Parliament of 9 March 2004.

2

(3)  OJ L 248, 16.9.2002, p. 1. Corrigendum in OJ L 25, 30.1.2003, p. 43.

3

(4)  OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).

4

(5)  OJ L 61, 2.3.2002, p. 27.

5

ANNEX

1.   ACTIVITIES SUPPORTED

The general objective laid down in Article 1 is to reinforce Community action to prevent fraud affecting the Community's financial interests and to combat such fraud by promoting actions in this field and the operation of bodies engaged in it.

Activities of bodies which may help to reinforce and increase the effectiveness of Community action, in accordance with Article 2, include the following:

| — | organisation of seminars and conferences; |
| --- | --- |

—

organisation of seminars and conferences;

| — | promotion of scientific studies and discussions on Community policies in the field of the protection of the Community's financial interests; |
| --- | --- |

—

promotion of scientific studies and discussions on Community policies in the field of the protection of the Community's financial interests;

| — | coordination of activities relating to the protection of the Community's financial interests; |
| --- | --- |

—

coordination of activities relating to the protection of the Community's financial interests;

| — | training and awareness; |
| --- | --- |

—

training and awareness;

| — | promoting exchanges of specialised staff; |
| --- | --- |

—

promoting exchanges of specialised staff;

| — | dissemination of scientific information on Community action; |
| --- | --- |

—

dissemination of scientific information on Community action;

| — | development and supply of specific IT tools; |
| --- | --- |

—

development and supply of specific IT tools;

| — | technical assistance; |
| --- | --- |

—

technical assistance;

| — | promoting and expanding the exchange of data. |
| --- | --- |

—

promoting and expanding the exchange of data.

2.   CARRYING OUT THE ACTIVITIES SUPPORTED

The activities carried out by bodies which may receive a Community grant under the programme come under the heading of actions aimed at strengthening Community measures to protect financial interests and pursue objectives of general European interest in this field or an objective which is part of the European Union's policy in this area.

In accordance with Article 2 of the Decision, the following bodies shall have access to the programme:

| — | all national or regional administrations of a Member State or country outside the Community, as defined in Article 3, which promote the strengthening of the Community's action in the field of the protection of the Community's financial interests; |
| --- | --- |

—

all national or regional administrations of a Member State or country outside the Community, as defined in Article 3, which promote the strengthening of the Community's action in the field of the protection of the Community's financial interests;

| — | all research and education institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of the Community's action in protecting its financial interests; |
| --- | --- |

—

all research and education institutes that have had legal personality for at least one year and are established and operating in a Member State or in a country outside the Community, as defined in Article 3, and that promote the strengthening of the Community's action in protecting its financial interests;

| — | all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests. |
| --- | --- |

—

all non-profit-making bodies that have had legal personality for at least one year and are legally established in a Member State or country outside the Community, as defined in Article 3, and that promote the strengthening of Community action to protect the Community's financial interests.

An annual operating grant may be awarded to support implementation of such a body's ongoing programme of work.

3.   SELECTION OF BENEFICIARIES

Bodies entitled to receive a grant for the activity or an operating grant under point 2 will be selected on the basis of calls for proposals.

4.   CHARACTERISTICS OF GRANT APPLICATIONS ON WHICH ASSESSMENT IS BASED

Applications for grants for activities or, where appropriate, operating grants are assessed in the light of:

| — | consistency of the proposed activity in relation to the objectives of the programme; |
| --- | --- |

—

consistency of the proposed activity in relation to the objectives of the programme;

| — | complementarity of the proposed activity with other assisted activities; |
| --- | --- |

—

complementarity of the proposed activity with other assisted activities;

| — | feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means; |
| --- | --- |

—

feasibility of the proposed activity, i.e. the real possibility that it can be carried out using the proposed means;

| — | the cost-benefit ratio; |
| --- | --- |

—

the cost-benefit ratio;

| — | the added utility of the proposed activity; |
| --- | --- |

—

the added utility of the proposed activity;

| — | size of public targeted by the proposed activity; |
| --- | --- |

—

size of public targeted by the proposed activity;

| — | transnational and multidisciplinary aspects of the activity; |
| --- | --- |

—

transnational and multidisciplinary aspects of the activity;

| — | geographic scope of the proposed measure. |
| --- | --- |

—

geographic scope of the proposed measure.

5.   ELIGIBLE EXPENDITURE

Pursuant to point 2, only the expenditure required for the successful implementation of the activity is taken into account when calculating the grant.

Also eligible is expenditure in connection with the participation of representatives of the Balkan countries forming part of the stabilisation and association process for countries of south eastern Europe (1) and certain countries of the Commonwealth of Independent States (2).

6.   CHECKS AND AUDITS

6.1   The beneficiary of an operating grant must keep available for the Commission all the supporting documents, in particular the audited financial statement, regarding expenditure incurred during the grant year for a period of five years following the last payment. The beneficiary of a grant must ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.

6.2   The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

6.3   Commission staff and outside personnel authorised by the Commission have appropriate right of access to sites and premises where the action is carried out and to all the information, including information in electronic format, needed in order to conduct such audits.

6.4   The Court of Auditors and OLAF must enjoy the same rights, especially of access, as the persons referred to in point 6.3.

6.5   Furthermore, in order to protect the European Community's financial interests against fraud and other irregularities, the Commission carries out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (3). Where necessary, investigations must be conducted by the European Anti-Fraud Office (OLAF) and governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council (4).

7.   MANAGEMENT OF THE PROGRAMME

On the basis of a cost-effectiveness analysis, the Commission may employ experts and make use of any other form of technical and administrative assistance not involving public authority tasks outsourced under ad hoc service contracts. It may also finance studies and organise meetings of experts to facilitate the implementation of the programme, and take information, publication and dissemination measures directly linked to fulfilling the objectives of the programme.

---

(1)  Former Yugoslav Republic of Macedonia, Albania, Serbia and Montenegro, Bosnia-Herzegovina and Croatia.

(2)  Belarus, Moldavia, Russian Federation and Ukraine.

(3)  OJ L 292, 15.11.1996, p. 2.

(4)  OJ L 136, 31.5.1999, p. 1.

P5_TA(2004)0128

Draft Amending Budget No 1/2004 (Section III)

European Parliament resolution on Draft Amending Budget No 1/2004 (Section III — Commission) for the financial year 2004 (06696/2004 — C5-0108/2004 — 2004/2009(BUD))

The European Parliament,

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

—

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

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

—

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

| — | having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003 (2),

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

—

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

| — | having regard to Article 28 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (4), |
| --- | --- |

—

having regard to Article 28 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (4),

| — | having regard to the Declarations on the budget procedure 2004 (5) and on the EU-25 Budget (6) adopted at the budgetary conciliation meetings of 16 July 2003 and 24 November 2003 between the European Parliament and the Council, |
| --- | --- |

—

having regard to the Declarations on the budget procedure 2004 (5) and on the EU-25 Budget (6) adopted at the budgetary conciliation meetings of 16 July 2003 and 24 November 2003 between the European Parliament and the Council,

| — | having regard to the Preliminary Draft Amending Budget No 1/2004 of the European Union for the financial year 2004, which the Commission presented on 3 February 2004 (SEC(2004) 105), |
| --- | --- |

—

having regard to the Preliminary Draft Amending Budget No 1/2004 of the European Union for the financial year 2004, which the Commission presented on 3 February 2004 (SEC(2004) 105),

| — | having regard to the Draft Amending Budget No 1/2004, which the Council established on 26 February 2004 (06696/2004 — C5-0108/2004), |
| --- | --- |

—

having regard to the Draft Amending Budget No 1/2004, which the Council established on 26 February 2004 (06696/2004 — C5-0108/2004),

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

—

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

| — | having regard to the report of the Committee on Budgets (A5-0059/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0059/2004),

| A. | whereas according to Article 28 of the Accession Treaty, the 2004 budget shall be adapted to take into account the accession of the new Member States through an amending budget that shall enter into effect on 1 May 2004, |
| --- | --- |

A.

whereas according to Article 28 of the Accession Treaty, the 2004 budget shall be adapted to take into account the accession of the new Member States through an amending budget that shall enter into effect on 1 May 2004,

| B. | whereas in the budgetary conciliation meeting of 16 July 2003, the European Parliament, Council and Commission agreed that the amounts entered in budget documents for the current 15 Member States (EU-15) and those for the enlarged Union (EU-25) are both part of the budgetary procedure, |
| --- | --- |

B.

whereas in the budgetary conciliation meeting of 16 July 2003, the European Parliament, Council and Commission agreed that the amounts entered in budget documents for the current 15 Member States (EU-15) and those for the enlarged Union (EU-25) are both part of the budgetary procedure,

| C. | whereas, in the Preliminary Draft Budget 2004, the Commission proposed EU-25 amounts while including for each budget line the proposed amount for EU-15, |
| --- | --- |

C.

whereas, in the Preliminary Draft Budget 2004, the Commission proposed EU-25 amounts while including for each budget line the proposed amount for EU-15,

| D. | whereas, in the Draft Budget 2004, the Council formally entered amounts for EU-15, while agreeing politically on its first reading position on figures for EU-25, |
| --- | --- |

D.

whereas, in the Draft Budget 2004, the Council formally entered amounts for EU-15, while agreeing politically on its first reading position on figures for EU-25,

| E. | whereas, at first reading, it amended the Draft Budget 2004, resulting in precise figures for both EU-25 and EU-15, |
| --- | --- |

E.

whereas, at first reading, it amended the Draft Budget 2004, resulting in precise figures for both EU-25 and EU-15,

| F. | whereas, in the conciliation meeting on 24 November 2003, the two arms of the budgetary authority reached an agreement on amounts for EU-15 and EU-25, |
| --- | --- |

F.

whereas, in the conciliation meeting on 24 November 2003, the two arms of the budgetary authority reached an agreement on amounts for EU-15 and EU-25,

| G. | whereas it subsequently adopted the Budget 2004 containing figures for EU-15, while at the same time indicating figures for EU-10, |
| --- | --- |

G.

whereas it subsequently adopted the Budget 2004 containing figures for EU-15, while at the same time indicating figures for EU-10,

| H. | whereas, in accordance with the political agreement, the Commission prepared a Preliminary Draft Amending Budget at the beginning of 2004 for the budgeting of the amounts for EU-25, |
| --- | --- |

H.

whereas, in accordance with the political agreement, the Commission prepared a Preliminary Draft Amending Budget at the beginning of 2004 for the budgeting of the amounts for EU-25,

| 1. | Welcomes the fact that the Commission followed the European Parliament's and Council's invitation to present, early in 2004, a Preliminary Draft Amending Budget for the budgeting of the amounts for EU-25; |
| --- | --- |

1.

Welcomes the fact that the Commission followed the European Parliament's and Council's invitation to present, early in 2004, a Preliminary Draft Amending Budget for the budgeting of the amounts for EU-25;

| 2. | Confirms that the figures presented in the Amending Budget No 1/2004 correspond to those which it adopted in the 2004 budgetary procedure; |
| --- | --- |

2.

Confirms that the figures presented in the Amending Budget No 1/2004 correspond to those which it adopted in the 2004 budgetary procedure;

| 3. | Expresses its satisfaction that the figures for 25 Member States as agreed upon by the two arms of the budgetary authority are thus retained; |
| --- | --- |

3.

Expresses its satisfaction that the figures for 25 Member States as agreed upon by the two arms of the budgetary authority are thus retained;

| 4. | Notes that, with the adoption of Amending Budget No 1/2004, the principle of the unity of the budget, as enshrined in Article 4 of Council Regulation (EC, Euratom) No 1605/2002, will be re-established, and that, consequently, there will be only one budget for the future European Union of 25; |
| --- | --- |

4.

Notes that, with the adoption of Amending Budget No 1/2004, the principle of the unity of the budget, as enshrined in Article 4 of Council Regulation (EC, Euratom) No 1605/2002, will be re-established, and that, consequently, there will be only one budget for the future European Union of 25;

| 5. | Approves the Draft Amending Budget No 1/2004, unamended, and calls upon the Commission to publish the budget for EU-25 in the Official Journal of the European Union; |
| --- | --- |

5.

Approves the Draft Amending Budget No 1/2004, unamended, and calls upon the Commission to publish the budget for EU-25 in the Official Journal of the European Union;

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

6.

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

---

(1)  OJ L 248, 16.9.2002.

(2)  OJ L 53, 23.2.2004.

(3)  OJ C 172, 18.6.1999, p.1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

(4)  OJ L 236, 23.9.2003, p. 33.

(5)  Annex to its resolution of 23 October 2003 on the draft general budget of the European Union for the financial year 2004 — Section III: Commission, P5_TA(2003)0449.

(6)  Annex to its resolution of 18 December 2003 on the draft general budget of the European Union for the financial year 2004, as modified by the Council, P5_TA(2003)0588.

P5_TA(2004)0129

Draft Amending Budget No 2/2004 (Section VIII(B))

European Parliament resolution on Draft Amending Budget No 2/2004 for the financial year 2004 (Section VIII B — European Data Protection Supervisor) (06699/2004 — C5-0109/2004 — 2004/2010(BUD))

The European Parliament,

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

—

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

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

—

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

| — | having regard to 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 (2), |
| --- | --- |

—

having regard to 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 (2),

| — | having regard to Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties (3), |
| --- | --- |

—

having regard to Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties (3),

| — | having regard to Decision 2004/55/EC of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (European Data Protection Supervisor) (4), |
| --- | --- |

—

having regard to Decision 2004/55/EC of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (European Data Protection Supervisor) (4),

| — | having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003 (5), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2004, as finally adopted on 18 December 2003 (5),

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

—

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

| — | having regard to the Preliminary Draft Amending Budget No 2/2004 of the European Union for the financial year 2004, which the Commission presented on 3 February 2004 (SEC(2004) 104), |
| --- | --- |

—

having regard to the Preliminary Draft Amending Budget No 2/2004 of the European Union for the financial year 2004, which the Commission presented on 3 February 2004 (SEC(2004) 104),

| — | having regard to the Draft Amending Budget No 2/2004 of the European Union for the financial year 2004, which the Council established on 26 February 2004 (006699/2004 — C5—0109/2004), |
| --- | --- |

—

having regard to the Draft Amending Budget No 2/2004 of the European Union for the financial year 2004, which the Council established on 26 February 2004 (006699/2004 — C5—0109/2004),

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

—

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

| — | having regard to the report of the Committee on Budgets and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0073/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0073/2004),

| A. | whereas the Commission may present preliminary draft amending budgets, if there are unavoidable, exceptional and unforeseen circumstances, |
| --- | --- |

A.

whereas the Commission may present preliminary draft amending budgets, if there are unavoidable, exceptional and unforeseen circumstances,

| B. | whereas the nomination of the European Data Protection Supervisor and the Assistant Supervisor has already taken place, |
| --- | --- |

B.

whereas the nomination of the European Data Protection Supervisor and the Assistant Supervisor has already taken place,

| C. | whereas the Amending Budget No 2/2004 of the European Union will provide the necessary budgetary appropriations for the European Data Protection Supervisor to begin his duties, |
| --- | --- |

C.

whereas the Amending Budget No 2/2004 of the European Union will provide the necessary budgetary appropriations for the European Data Protection Supervisor to begin his duties,

| D. | whereas the Commission proposal is identical to the budget adopted in 2002 for Section VIII (B) in terms of expenditure and the establishment plan, and the modifications in terms of revenue are technical, |
| --- | --- |

D.

whereas the Commission proposal is identical to the budget adopted in 2002 for Section VIII (B) in terms of expenditure and the establishment plan, and the modifications in terms of revenue are technical,

| 1. | Considers that the Draft Amending Budget No 2/2004, as established by the Council, provides sufficient appropriations for the European Data Protection Supervisor for the year 2004 for him to begin his duties; |
| --- | --- |

1.

Considers that the Draft Amending Budget No 2/2004, as established by the Council, provides sufficient appropriations for the European Data Protection Supervisor for the year 2004 for him to begin his duties;

| 2. | Requests the European Data Protection Supervisor to submit a report to the Budgetary Authority before 30 September 2004, with a view to Parliament's first reading of the 2005 budget, assessing the state of play as regards operational needs, the progress made in setting up the administrative structures and recruitment procedures, the co-operation agreement with the European Parliament, and financial and budgetary management; |
| --- | --- |

2.

Requests the European Data Protection Supervisor to submit a report to the Budgetary Authority before 30 September 2004, with a view to Parliament's first reading of the 2005 budget, assessing the state of play as regards operational needs, the progress made in setting up the administrative structures and recruitment procedures, the co-operation agreement with the European Parliament, and financial and budgetary management;

| 3. | Considers that the Draft Amending Budget No 2/2004 is compatible with the ceiling fixed in heading 5 of the financial perspective without restricting other activities; |
| --- | --- |

3.

Considers that the Draft Amending Budget No 2/2004 is compatible with the ceiling fixed in heading 5 of the financial perspective without restricting other activities;

| 4. | Approves the Draft Amending Budget No 2/2004 unamended; |
| --- | --- |

4.

Approves the Draft Amending Budget No 2/2004 unamended;

| 5. | Instructs its President to forward this resolution to the Council, the Commission and the European Data Protection Supervisor. |
| --- | --- |

5.

Instructs its President to forward this resolution to the Council, the Commission and the European Data Protection Supervisor.

---

(1)  OJ L 248, 16.9.2002.

(2)  OJ L 8, 12.1.2001, p. 1.

(3)  OJ L 183, 12.7.2002, p. 1.

(4)  OJ L 12, 17.1.2004, p. 47.

(5)  OJ L 53, 23.2.2004.

(6)  OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).

P5_TA(2004)0130

Enlargement: adaptation of reference amounts for 6th Euratom framework programme *

European Parliament legislative resolution on the proposal for a decision of the Council amending Decision No 2002/668/Euratom to adapt the financial reference amount in order to take account of the enlargement of the European Union (COM(2003) 778 — C5-0031/2004 — 2003/0298(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 778) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 778) (1),

| — | having regard to Article 7 of the European Atomic Energy Community Treaty, pursuant to which the Council consulted Parliament (C5-0031/2004), |
| --- | --- |

—

having regard to Article 7 of the European Atomic Energy Community Treaty, pursuant to which the Council consulted Parliament (C5-0031/2004),

| — | 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 Budgets (A5-0069/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0069/2004),

| 1. | Considers the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement; |
| --- | --- |

1.

Considers the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

| 2. | Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2); |
| --- | --- |

2.

Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

| 3. | Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003; |
| --- | --- |

3.

Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

| 4. | 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; |
| --- | --- |

4.

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;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 197, 12.7.2001, p. 354.

P5_TA(2004)0131

Enlargement: adaptation of reference amounts (Regulations) ***I

European Parliament legislative resolution on a decision of the European Parliament and of the Council amending Regulations (EC) No 2236/95, (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No [. . .]/2004 in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0652/2003 — 2003/0305(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1),

| — | having regard to Articles 251(2), 71(1), 80(2), 156, first subparagraph, and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0652/2003), |
| --- | --- |

—

having regard to Articles 251(2), 71(1), 80(2), 156, first subparagraph, and 175 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0652/2003),

| — | 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(A5-0066/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets(A5-0066/2004),

| 1. | Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement; |
| --- | --- |

1.

Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

| 2. | Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2); |
| --- | --- |

2.

Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

| 3. | Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003; |
| --- | --- |

3.

Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

| 4. | 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; |
| --- | --- |

4.

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;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 197, 12.7.2001, p. 354.

P5_TA(2004)0132

Enlargement: adaptation of reference amounts (Decisions I) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council amending amending Council Decision No 96/411/EC and Decisions Nos 276/1999/EC, 1719/1999/EC, 2850/2000/EC, 507/2001/EC, 2235/2002/EC, 2367/2002/EC, 253/2003/EC, 1230/2003/EC and [. . .]/2004/EC in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0651/2003 — 2003/0304(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1),

| — | having regard to Articles 251(2), 95, 153(2), 156, first subparagraph, 157(3), 175(1) and 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0651/2003), |
| --- | --- |

—

having regard to Articles 251(2), 95, 153(2), 156, first subparagraph, 157(3), 175(1) and 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0651/2003),

| — | 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 (A5-0067/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0067/2004),

| 1. | Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement; |
| --- | --- |

1.

Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

| 2. | Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2); |
| --- | --- |

2.

Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

| 3. | Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003; |
| --- | --- |

3.

Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

| 4. | 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; |
| --- | --- |

4.

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;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 197, 12.7.2001, p. 354.

P5_TA(2004)0133

Enlargement: adaptation of reference amounts (Decisions II) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and 20/2004/EC (COM(2003) 777 — C5-0650/2003 — 2003/0303(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 777) (1),

| — | having regard to Articles 129, 137(2), 149, 150 and Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0650/2003), |
| --- | --- |

—

having regard to Articles 129, 137(2), 149, 150 and Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0650/2003),

| — | 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 (A5-0065/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0065/2004),

| 1. | Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement; |
| --- | --- |

1.

Considers that the amounts referred to in the legislative proposals are compatible with the ceiling of heading 3 of the financial perspective as adjusted and revised in order to take account of enlargement;

| 2. | Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2); |
| --- | --- |

2.

Calls for the budgetary authority to be more fully involved in the definition of the financial impact of the legislative programmes in accordance with the statement on financial programming annexed to its resolution of 26 October 2000 on the Interinstitutional Agreement on financial statements (2);

| 3. | Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003; |
| --- | --- |

3.

Welcomes the Commission proposals in respect of the agreement on indicative figures reached at the conciliation of 24 November 2003;

| 4. | 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; |
| --- | --- |

4.

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;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 197, 12.7.2001, p. 354.

P5_TA(2004)0134

Convention on the suppression of illicit drug trafficking on the high seas *

European Parliament legislative resolution on the initiative of the Kingdom of Spain with a view to adopting a Council Act establishing, in accordance with Article 34 of the Treaty on European Union, the Convention on the suppression by customs administrations of illicit drug trafficking on the high seas (5382/2002 — C5-0249/2003 — 2003/0816(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative of the Kingdom of Spain (5382/2002) (1), |
| --- | --- |

—

having regard to the initiative of the Kingdom of Spain (5382/2002) (1),

| — | having regard to Articles 30(1)(a), 32 and 34(2)(d) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 30(1)(a), 32 and 34(2)(d) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0249/2003), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0249/2003),

| — | 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 106, 67 and 63 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106, 67 and 63 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0100/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0100/2004),

| 1. | Approves the initiative of the Kingdom of Spain as amended; |
| --- | --- |

1.

Approves the initiative of the Kingdom of Spain as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

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

3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative of the Kingdom of Spain substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the initiative of the Kingdom of Spain substantially;

| 5. | Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of Spain. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of Spain.

| TEXT PROPOSED BY THE KINGDOM OF SPAIN | AMENDEMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Title (Council Act) |
| Council Act establishing in accordance with
  Article 34
  of the Treaty on European Union, the Convention on the
  suppression by customs administrations of illicit drug
  trafficking on the high seas | Council Act establishing in accordance with
  Articles 30(1)(a), 32 and 34
  of the Treaty on European Union, the Convention on
  operational cooperation between the competent authorities of the Member States in relation to the prevention, detection, investigation and prosecution of criminal offences committed
  on the high seas |
| Amendment 2 |
| Citation 1 (Council Act) |
| Having regard to the Treaty on European Union, and in particular
  Article 34(2)(d)
  thereof, | Having regard to the Treaty on European Union, and in particular
  Articles 30(1)(a), 32 and 34(2)(d)
  thereof, |
| Amendment 3 |
| Recital 1 (Council act) |
| Whereas, for the purposes of achieving the
  objectives
  of the European Union
  ,
  Member States
  regard customs cooperation as a matter of common interest for the cooperation established in Title VI of the Treaty
  , | Whereas, for the purposes of achieving the
  objective
  of the European Union
  of maintaining and developing the Union as an area of freedom, security and justice, it is a matter of urgency and essential to step up cooperation between
  Member States
  in relation to the prevention, detection, investigation and combating of criminal offences committed on the high seas and to the prosecution of the natural and legal persons responsible
  , |
| Amendment 4 |
| Recital 1 (Convention) |
| ACKNOWLEDGING the need to strengthen the commitments made in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, and in the Convention on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997. | ACKNOWLEDGING the need to strengthen the commitments made in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, and in the Convention on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997
  , and to establish operational cooperation between the competent law enforcement authorities of the Member States, including police, customs and other specialised services, aimed at combating crime committed on the high seas, on vessels flying the flag of a Member State or without nationality
  . |
| Amendment 5 |
| Recital 2 (Convention) |
| TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982, which provides
  inter alia
  for the right of hot pursuit, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988. | TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982,
  Article 111 of
  which provides for the right of hot pursuit, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988
  , with particular reference to Article 17 thereof
  . |
| Amendment 6 |
| Recital 3 (Convention) |
| CONSIDERING that the customs administrations are responsible within the customs territory of the Community, including its territorial sea and air space and especially at its points of entry and exit, for the prevention, investigation and prosecution of breaches not only of the Community customs rules but also of national laws, and in particular for combating smuggling, including the smuggling of narcotic drugs and psychotropic substances. | deleted |
| Amendment 7 |
| Recital 4 (Convention) |
| CONSIDERING that occasionally in the fight against
  drug trafficking
  it is necessary and effective for the
  customs
  to take action
  outside Community customs territory, particularly
  on the high seas. | CONSIDERING that occasionally in the fight against
  crime
  it is
  essential,
  necessary and effective for the
  competent authorities of the Member States
  to take action on the high seas. |
| Amendment 8 |
| Recital 5 (Convention) |
| CONSIDERING that the increase in
  trafficking in narcotic drugs and psychotropic substances at sea
  is a situation which seriously threatens the health and security of the citizens of the European Union. | CONSIDERING that the increase in
  offences committed on the high seas on vessels flying the flag of a Member State of the European Union or without nationality
  is a situation which seriously threatens the health and security of the citizens of the European Union. |
| Amendment 9 |
| Recital 6 (Convention) |
| CONSIDERING that under the special forms of cooperation which have been established between Member States of the European Union
  both within the Member States themselves and in their respective territorial waters
  , officials of one Member State are empowered to take action in the territory of another Member State, without prior authorisation on occasion. | CONSIDERING that under the special forms of cooperation which have been established between Member States of the European Union
  and which are provided for in particular in the Convention implementing the Schengen Agreement of 14 June 1985 (2), with reference to land borders, and the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (3), with reference to all types of borders,
  officials of one Member State are empowered to take action in the territory of another Member State, without prior authorisation on occasion. |
| Amendment 10 |
| Recital 7 (Convention) |
| CONVINCED that it is necessary to strengthen cooperation between the
  customs administrations
  in combating
  drug trafficking
  by giving vessels of the competent authorities of a Member State greater scope to take immediate action without prior authorisation against vessels from another Member State in emergencies, where currently it is not possible to take action without prior authorisation outside territorial waters, | CONVINCED that it is necessary to strengthen cooperation between the
  competent authorities
  in combating
  crime on the high seas
  by giving vessels of the competent authorities of a Member State greater scope to take immediate action without prior authorisation against vessels from another Member State in emergencies, where currently it is not possible to take action without prior authorisation outside territorial waters, |
| Amendment 11 |
| Article 1, point (a) (Convention) |
| (a) | ‘vessels‧ means any structure or floating craft operating on the high seas suitable for the carriage of goods and/or persons, including hovercraft, non-displacement craft and submersibles. |

TEXT PROPOSED BY THE KINGDOM OF SPAIN

AMENDEMENTS BY PARLIAMENT

Amendment 1

Title (Council Act)

Council Act establishing in accordance with
  Article 34
  of the Treaty on European Union, the Convention on the
  suppression by customs administrations of illicit drug
  trafficking on the high seas

Council Act establishing in accordance with
  Articles 30(1)(a), 32 and 34
  of the Treaty on European Union, the Convention on
  operational cooperation between the competent authorities of the Member States in relation to the prevention, detection, investigation and prosecution of criminal offences committed
  on the high seas

Amendment 2

Citation 1 (Council Act)

Having regard to the Treaty on European Union, and in particular
  Article 34(2)(d)
  thereof,

Having regard to the Treaty on European Union, and in particular
  Articles 30(1)(a), 32 and 34(2)(d)
  thereof,

Amendment 3

Recital 1 (Council act)

Whereas, for the purposes of achieving the
  objectives
  of the European Union
  ,
  Member States
  regard customs cooperation as a matter of common interest for the cooperation established in Title VI of the Treaty
  ,

Whereas, for the purposes of achieving the
  objective
  of the European Union
  of maintaining and developing the Union as an area of freedom, security and justice, it is a matter of urgency and essential to step up cooperation between
  Member States
  in relation to the prevention, detection, investigation and combating of criminal offences committed on the high seas and to the prosecution of the natural and legal persons responsible
  ,

Amendment 4

Recital 1 (Convention)

ACKNOWLEDGING the need to strengthen the commitments made in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, and in the Convention on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997.

ACKNOWLEDGING the need to strengthen the commitments made in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, and in the Convention on Mutual Assistance and Cooperation between Customs Administrations, done at Brussels on 18 December 1997
  , and to establish operational cooperation between the competent law enforcement authorities of the Member States, including police, customs and other specialised services, aimed at combating crime committed on the high seas, on vessels flying the flag of a Member State or without nationality
  .

Amendment 5

Recital 2 (Convention)

TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982, which provides
  inter alia
  for the right of hot pursuit, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988.

TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982,
  Article 111 of
  which provides for the right of hot pursuit, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988
  , with particular reference to Article 17 thereof
  .

Amendment 6

Recital 3 (Convention)

CONSIDERING that the customs administrations are responsible within the customs territory of the Community, including its territorial sea and air space and especially at its points of entry and exit, for the prevention, investigation and prosecution of breaches not only of the Community customs rules but also of national laws, and in particular for combating smuggling, including the smuggling of narcotic drugs and psychotropic substances.

deleted

Amendment 7

Recital 4 (Convention)

CONSIDERING that occasionally in the fight against
  drug trafficking
  it is necessary and effective for the
  customs
  to take action
  outside Community customs territory, particularly
  on the high seas.

CONSIDERING that occasionally in the fight against
  crime
  it is
  essential,
  necessary and effective for the
  competent authorities of the Member States
  to take action on the high seas.

Amendment 8

Recital 5 (Convention)

CONSIDERING that the increase in
  trafficking in narcotic drugs and psychotropic substances at sea
  is a situation which seriously threatens the health and security of the citizens of the European Union.

CONSIDERING that the increase in
  offences committed on the high seas on vessels flying the flag of a Member State of the European Union or without nationality
  is a situation which seriously threatens the health and security of the citizens of the European Union.

Amendment 9

Recital 6 (Convention)

CONSIDERING that under the special forms of cooperation which have been established between Member States of the European Union
  both within the Member States themselves and in their respective territorial waters
  , officials of one Member State are empowered to take action in the territory of another Member State, without prior authorisation on occasion.

CONSIDERING that under the special forms of cooperation which have been established between Member States of the European Union
  and which are provided for in particular in the Convention implementing the Schengen Agreement of 14 June 1985 (2), with reference to land borders, and the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (3), with reference to all types of borders,
  officials of one Member State are empowered to take action in the territory of another Member State, without prior authorisation on occasion.

Amendment 10

Recital 7 (Convention)

CONVINCED that it is necessary to strengthen cooperation between the
  customs administrations
  in combating
  drug trafficking
  by giving vessels of the competent authorities of a Member State greater scope to take immediate action without prior authorisation against vessels from another Member State in emergencies, where currently it is not possible to take action without prior authorisation outside territorial waters,

CONVINCED that it is necessary to strengthen cooperation between the
  competent authorities
  in combating
  crime on the high seas
  by giving vessels of the competent authorities of a Member State greater scope to take immediate action without prior authorisation against vessels from another Member State in emergencies, where currently it is not possible to take action without prior authorisation outside territorial waters,

Amendment 11

Article 1, point (a) (Convention)

(a)

‘vessels‧ means any structure or floating craft operating on the high seas suitable for the carriage of goods and/or persons, including hovercraft, non-displacement craft and submersibles.

| (a) | ‘vessels‧ means any
  type of ship,
  structure or floating craft operating on the high seas suitable for the carriage of goods and/or persons, including hovercraft, non-displacement craft and submersibles. |
| --- | --- |

(a)

‘vessels‧ means any
  type of ship,
  structure or floating craft operating on the high seas suitable for the carriage of goods and/or persons, including hovercraft, non-displacement craft and submersibles.

Amendment 12

Article 1, point (d) (Convention)

| (d) | ‘
  relevant
  offence‧ means
  the offences defined
  in Article 3. |
| --- | --- |

(d)

‘
  relevant
  offence‧ means
  the offences defined
  in Article 3.

| (d) | ‘offence‧ means
  deliberate conduct or acts classified as criminal offences in the domestic law of the Member States or in European Union law, as set out
  in Article 3. |
| --- | --- |

(d)

‘offence‧ means
  deliberate conduct or acts classified as criminal offences in the domestic law of the Member States or in European Union law, as set out
  in Article 3.

Amendment 13

Article 1, point (e), subparagraph 1 (Convention)

| (e) | ‘
  customs
  authorities‧ means
  the authorities responsible for implementing the customs rules and also
  the
  other
  authorities given the responsibility of implementing the provisions of this Convention. |
| --- | --- |

(e)

‘
  customs
  authorities‧ means
  the authorities responsible for implementing the customs rules and also
  the
  other
  authorities given the responsibility of implementing the provisions of this Convention.

| (e) | ‘
  competent
  authorities‧ means the authorities given the responsibility of implementing the provisions of this Convention
  , including the police, customs and other specialised law enforcement services of the Member States
  . |
| --- | --- |

(e)

‘
  competent
  authorities‧ means the authorities given the responsibility of implementing the provisions of this Convention
  , including the police, customs and other specialised law enforcement services of the Member States
  .

Amendment 14

Article 2 (Convention)

The customs authorities of the Member States of the European Union shall cooperate to the fullest extent possible to suppress illicit trafficking in narcotic drugs and psychotropic substances by sea,
  in conformity with the International Law of the Sea.

The purpose of this Convention is to promote, facilitate and establish operational cooperation and mutual assistance between the competent authorities of the Member States in relation to the prevention, detection, investigation and prosecution of the offences set out in Article 3, committed on the high seas on vessels flying the flag of a Member State or without nationality,
  in conformity with the International Law of the Sea
  and within the bounds of the powers assigned to them by national or international law.

Amendment 15

Article 3 (Convention)

Each Member State shall adopt the measures necessary to classify as
  an
  offence in its national law, and penalise, offences on board vessels or by means of any other craft or floating medium not excluded from the scope of this Convention under Article 4 thereof,
  involving the possession for distribution, transport, transhipment, storage, sale, manufacture or processing of narcotic drugs or psychotropic substances as defined in the relevant international instruments
  .

Each Member State shall adopt the
  legislative and other
  measures necessary to classify as
  a criminal
  offence in its national law, and penalise,
  deliberate
  offences
  committed on the high seas
  on board vessels or by means of any other craft or floating medium not excluded from the scope of this Convention under Article 4 thereof,
  flying the flag of any of the Member States or without nationality, as defined by the law of each Member State and if punishable in the State intending to prosecute the offence by a custodial sentence or a detention order for a maximum period of at least three years, as applicable to similar offences committed within the territory under its sovereignty, in respect of the following offences:

| (a) | illicit trafficking in narcotic drugs and psychotropic substances; |
| --- | --- |

(a)

illicit trafficking in narcotic drugs and psychotropic substances;

| (b) | illicit trafficking in substances listed in tables I and II of the United Nations Convention Against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances and intended for the illicit production of drugs (precursor substances); |
| --- | --- |

(b)

illicit trafficking in substances listed in tables I and II of the United Nations Convention Against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances and intended for the illicit production of drugs (precursor substances);

| (c) | illicit trafficking in weapons, components thereof, munitions and explosives; |
| --- | --- |

(c)

illicit trafficking in weapons, components thereof, munitions and explosives;

| (d) | illicit trafficking in cultural goods, including antiques and works of art; |
| --- | --- |

(d)

illicit trafficking in cultural goods, including antiques and works of art;

| (e) | illicit trafficking in hazardous and toxic waste; |
| --- | --- |

(e)

illicit trafficking in hazardous and toxic waste;

| (f) | illicit trafficking in nuclear materials and materials and equipment intended for the production of nuclear, biological and chemical weapons; |
| --- | --- |

(f)

illicit trafficking in nuclear materials and materials and equipment intended for the production of nuclear, biological and chemical weapons;

| (g) | illicit cross-border trade in goods subject to taxation; |
| --- | --- |

(g)

illicit cross-border trade in goods subject to taxation;

| (h) | trafficking in human beings; |
| --- | --- |

(h)

trafficking in human beings;

| (i) | illicit trafficking in immigrants; |
| --- | --- |

(i)

illicit trafficking in immigrants;

| (j) | trafficking in stolen vehicles; |
| --- | --- |

(j)

trafficking in stolen vehicles;

| (k) | illicit trade in human organs and tissue or hormonal substances; |
| --- | --- |

(k)

illicit trade in human organs and tissue or hormonal substances;

| (l) | counterfeiting and piracy of products; |
| --- | --- |

(l)

counterfeiting and piracy of products;

| (m) | kidnapping, illegal restraint of persons and vessels and hostage-taking. |
| --- | --- |

(m)

kidnapping, illegal restraint of persons and vessels and hostage-taking.

Amendment 16

Article 3a (new) (Convention)

Article 3a

Liability of legal persons

1. Member States shall take the necessary measures to ensure that legal persons can be held liable for an offence as referred to in Article 3, where such offences are committed on the high seas on behalf of such persons by any person acting either individually or as part of an organ of the legal person, based on:

| (a) | a power of representation of the legal person; |
| --- | --- |

(a)

a power of representation of the legal person;

| (b) | an authority to take decisions on behalf of the legal person; |
| --- | --- |

(b)

an authority to take decisions on behalf of the legal person;

| (c) | an authority to exercise control within the legal person. |
| --- | --- |

(c)

an authority to exercise control within the legal person.

2. Without prejudice to the cases provided for in paragraph 1, Member States shall take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made it possible for a person under its authority to commit an offence within the meaning of Article 3 on behalf of a legal person.

3. Liability of a legal person under paragraphs 1 and 2 shall be without prejudice to criminal proceedings against natural persons who have perpetrated, instigated or been accessories to an offence within the meaning of Article 3.

Amendment 17

Article 4 (Convention)

Warships and official non-commercial public service
  vessels
  shall be excluded from the scope of this Convention.

Warships
  , naval reserve vessels and other vessels owned or operated by a State
  and
  vessels currently being used solely for
  official non-commercial public service
  purposes, when on the high seas,
  shall be excluded from the scope of this Convention.

Amendment 18

Article 4a (new) (Convention)

Article 4a

Competence

1. Each Member State shall take the necessary measures to establish its competence with regard to offences pursuant to Article 3 committed on the high seas, where such offences are committed:

| (a) | on board a vessel flying its flag; |
| --- | --- |

(a)

on board a vessel flying its flag;

| (b) | on board a vessel by one of its nationals or a person normally resident within its territory, or on behalf of a legal person established within its territory; |
| --- | --- |

(b)

on board a vessel by one of its nationals or a person normally resident within its territory, or on behalf of a legal person established within its territory;

| (c) | on board a vessel without nationality or assimilated to a vessel without nationality; |
| --- | --- |

(c)

on board a vessel without nationality or assimilated to a vessel without nationality;

| (d) | on board a vessel flying the flag of another Member State; |
| --- | --- |

(d)

on board a vessel flying the flag of another Member State;

In the case referred to in (d), competence shall be exercised only where the intervening State has received the prior authorisation of the flag State or, in exceptional cases, without prior authorisation where the urgency of the situation makes this impossible, in which case the competent authorities shall be notified immediately.

2. Nothing in this Convention shall entitle a Member State to exercise within the territory of another State jurisdiction or functions that the national law of that State exclusively confers on its own authorities.

Amendment 19

Article 5, paragraph 1 (Convention)

1.
  Save as provided for in the Convention on mutual assistance and cooperation between customs administrations
  , Member States shall exercise sole jurisdiction in relation to offences committed in their territorial and national waters including situations where offences originated or are due to be completed in another Member State.

1.
  Expect in the cases provided for in current national and international law
  , Member States shall exercise sole jurisdiction in relation to offences committed in their territorial and national waters including situations where offences originated or are due to be completed in another Member State.

Amendment 20

Article 6, paragraph 1 (Convention)

1. Where there are good grounds to suspect that one of the offences referred to in Article 3 has been committed, each Member State shall allow the other Member States a right of representation, which shall give legitimacy to action taken by ships or aircraft belonging to their respective
  customs administrations
  against vessels from another Member State.

1. Where there are good grounds to suspect that one of the offences referred to in Article 3 has been committed, each Member State shall allow the other Member States a right of representation, which shall give legitimacy to action taken
  on the high seas
  by ships or aircraft belonging to their respective
  competent authorities
  against vessels from another Member State.

Amendment 21

Article 6, paragraph 2 (Convention)

2. In exercising the right of representation referred to in paragraph 1, official ships or aircraft may give pursuit, stop and board the vessel, examine documents, identify and question the persons on board and inspect the vessel and, should their suspicions be confirmed, seize
  the drugs
  , detain the persons alleged to be responsible and escort the vessel to the nearest or most suitable port where it shall be detained prior to being returned, informing beforehand if possible or immediately afterwards the State whose flag was being flown by the vessel.

2. In exercising the right of representation referred to in paragraph 1, official ships or aircraft
  of a Member State that are duly authorised to carry out such tasks
  may give pursuit, stop and board the vessel, examine documents, identify and question the persons on board and inspect the vessel and
  its cargo and
  , should their suspicions be confirmed, seize the
  corpus delicti and take and assemble evidence
  , detain the persons alleged to be responsible and escort the vessel to the nearest or most suitable port where it shall be detained prior to being returned, informing beforehand if possible or immediately afterwards the State whose flag was being flown by the vessel
  , to which they shall immediately forward a summary of the evidence of all the offences detected. The flag Member State shall immediately issue a receipt for such evidence
  .

Amendment 22

Article 6, paragraph 3 (Convention)

3. This right shall be exercised in accordance with the general provisions of international law.

3. This right shall be exercised in accordance with the general provisions of international law
  , European Union law in this area and the provisions of this Convention
  .

Amendment 23

Article 7, paragraph 1 (Convention)

1. Where action has been taken pursuant to Article 6, due account
  shall be taken
  of the need not to endanger the safety of life at sea or the security of the vessel and cargo, or to prejudice the commercial and legal interests of the flag State or the commercial interests of third parties.

1. Where action has been taken pursuant to Article 6,
  in all relevant cases the intervening State shall take
  due account of the need not to endanger the safety of life at sea or the security of the vessel and cargo, or to prejudice the commercial and legal interests of the flag State or the commercial interests of third parties.

Amendment 24

Article 7, paragraph 2 (Convention)

2.
  In any case, should
  the action
  have
  been taken
  without adequate grounds for carrying out the operation
  , the Member State which carried it out shall be held responsible for damage and losses incurred
  unless the action was taken at the request of the flag State
  .

2.
  Where
  the action
  has
  been taken
  in a manner that cannot be justified under this Convention
  , the Member State which carried it out shall be held responsible for damage and losses incurred.

Amendment 25

Article 7, paragraph 2a (new) (Convention)

2a. The intervening State shall make good any loss, injury or damage incurred by the natural or legal persons as a result of negligence or mistakes attributable to it during the course of the action taken.

Abänderung 26

Article 7, paragraph 3 (Convention)

3. A vessel's period of detention shall be reduced to the absolute minimum and the vessel returned to the flag State or given the right to free passage as soon as possible.

3. A vessel's period of detention shall be reduced to the absolute minimum
  required in order to complete the investigations into the offence in question,
  and the vessel
  shall be
  returned to the flag State or given the right to free passage as soon as possible.

Amendment 27

Article 7, paragraph 4 (Convention)

4. Persons detained shall be guaranteed the same rights as those enjoyed by nationals, especially the right to
  have an interpreter and be assisted by a lawyer
  .

4. Persons detained shall be guaranteed the same rights as those enjoyed by nationals
  of the State exercising its relevant jurisdiction
  , especially the right to
  a fair trial within the meaning of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union
  .

Amendment 28

Article 7, paragraph 5 (Convention)

5. The period of detention shall be subject to supervision by the courts and to the time limits laid down by the law of the intervening Member State.

5. The period of detention shall be subject to supervision by the courts and to the time limits laid down by the law of the intervening Member State.
  Persons not suspected of having committed an offence shall be released immediately and items that may not be used as evidence shall be returned.

Amendment 29

Article 8, title (Convention)

Surrender of jurisdiction

Provisions governing the exercise of competence

Amendment 30

Article 8, paragraph 1 (Convention)

1. Each Member State shall have preferential jurisdiction over
  its
  vessels but may surrender it in favour of the intervening State.

1. Each Member State shall have preferential jurisdiction over vessels
  flying its flag
  but may surrender it in favour of the intervening State.

Amendment 31

Article 8, paragraph 2 (Convention)

2. Before taking initial proceedings, the intervening State shall forward to the flag State by fax if possible or other means a summary of the evidence assembled pertaining to all the relevant offences committed, to which the flag State shall respond within one month stating whether it will exercise its jurisdiction or surrender it and possibly asking for further information should it deem it necessary.

2. Before taking initial proceedings, the intervening State shall forward to the flag State by fax if possible or other means a summary of the evidence assembled pertaining to all the relevant offences committed, to which the flag State shall respond within one month stating whether it will exercise its
  preferential
  jurisdiction or surrender it and possibly asking for further information should it deem it necessary.

Amendment 32

Article 8, paragraph 3 (Convention)

3. If the time limit referred to in paragraph 2 has lapsed without any decision being notified, the flag Member State shall be deemed to have surrendered its jurisdiction.

3. If the time limit referred to in paragraph 2 has lapsed without any decision being notified, the flag Member State shall be deemed to have surrendered its
  preferential
  jurisdiction.

Amendment 33

Article 8, paragraph 4 (Convention)

4. If the State whose flag is being flown by the vessel surrenders its preferential jurisdiction, it shall send the
  other
  Member State the information and documents in its possession. Should
  it
  decide to exercise its jurisdiction, the
  other
  State shall transfer to
  the preferential State
  the documents and evidence it has assembled, the corpus delicti and the persons detained.

4. If the State whose flag is being flown by the vessel surrenders its preferential jurisdiction, it shall send the
  intervening
  Member State the information and documents in its possession. Should
  the flag State
  decide to exercise its
  preferential
  jurisdiction, the
  intervening
  State shall transfer to
  it
  the documents and evidence it has assembled, the corpus delicti and the persons detained.

Amendment 34

Article 8, paragraph 6 (Convention)

6. Surrender of detained persons shall not be subject to formal extradition proceedings; an order for detention of the person concerned or an equivalent document shall suffice, provided that the fundamental principles of each Party's legal system are observed. The Intervening State shall certify the length of time spent in detention.

6. Surrender of detained persons shall not be subject to formal extradition proceedings;
  the original or a certified copy of
  an order for detention of the person concerned or an equivalent document
  issued by a judicial authority of the flag State, including in cases where such action is taken in accordance with the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

   (4), shall suffice, provided that the fundamental principles of each Party's legal system are observed. The Intervening State shall certify the length of time spent in detention.

Amendment 35

Article 8, paragraph 8 (Convention)

8.
  Without prejudice to the general powers of Member States' Ministries of Foreign Affairs, any communication provided for in this Convention shall, as a rule, pass through their Ministries of Justice.

8.
  Each Member State shall appoint a central authority, coming under the Ministry of Justice, which shall be responsible for sending, receiving and notifying any communication provided for in this Convention and which shall remain operational twenty-four hours a day throughout the year.

Amendment 36

Article 9, paragraph 1 (Convention)

1. Member States agree to settle disputes between them on the interpretation or application of this Convention, including those concerning damages, by direct negotiation between the respective Ministries of Justice and Foreign Affairs.

deleted

Amendment 37

Article 9, paragraph 2 (Convention)

2.
  Where agreement cannot be reached using the arrangement in paragraph 1,
  the Court of Justice of the European Communities shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of this Convention, whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members.

2. The Court of Justice of the European Communities shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application of this Convention, whenever such dispute cannot be settled by the Council within six months of its being referred to the Council by one of its members.

Amendment 38

Article 9, paragraph 2a (new) (Convention)

2a. The Court of Justice of the European Communities shall have jurisdiction to rule on any dispute between Member States and the Commission regarding the interpretation or the application of this Convention.

Amendment 39

Article 9, paragraph 3 (Convention)

3. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in paragraphs 4 to 7, to give preliminary rulings on the interpretation of this Convention.

3. The Court of Justice of the European Communities shall have jurisdiction, subject to the conditions laid down in paragraphs 4 to 7, to give preliminary rulings on the interpretation of this Convention
  and on the validity and interpretation of the measures implementing it
  .

Amendment 40

Article 10, paragraph 1 (Convention)

1. This Convention shall be
  subject to
  adoption by the Member States in accordance with their respective constitutional requirements.

1. This Convention shall be
  open for
  adoption by the Member States in accordance with their respective constitutional requirements.

Amendment 41

Article 10, paragraph 2 (Convention)

2. Member States shall notify the
  depositary
  of the completion of the constitutional procedures for the adoption of this Convention.

2. Member States shall notify the
  Secretary-General of the Council
  of the completion of the constitutional procedures for the adoption of this Convention.

Amendment 42

Article 10, paragraph 3 (Convention)

3. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the State
  , Member
  of the European Union
  at the time of adoption by the Council of the Act drawing up this Convention, which is last to complete
  that formality.

3. This Convention shall enter into force
  for those Member States that have adopted it
  ninety days after the
  date of the
  notification referred to in paragraph 2 by the
  Member
  State of the European Union
  whose completion of
  that formality
  means that at least half of the Member States have adopted the Convention
  .

---

(1)  OJ C 45, 19.2.2002, p. 8.

(2)  

  OJ L 239, 22.9.2000, p. 19.

(3)  

  OJ C 24, 23.1.1998, p. 2.

(4)  

  OJ L 190, 18.7.2002, p. 1.

P5_TA(2004)0135

Short-term residence permits for victims of trafficking *

European Parliament legislative resolution on the proposal for a Council Directive on the residence permit issued to third-country nationals victims of trafficking in human beings or to thirdcountry nationals who have been the subjects of an action to facilitate illegal immigration who co-operate with the competent authorities (14432/2003— C5-0557/2003 — 2002/0043(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

| — | having regard to the Council draft (14432/2003) (1), |
| --- | --- |

—

having regard to the Council draft (14432/2003) (1),

| — | having regard to the Commission proposal to the Council (COM(2002) 71) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 71) (2),

| — | having regard to its position of 5 December 2002 (3), |
| --- | --- |

—

having regard to its position of 5 December 2002 (3),

| — | having been reconsulted by the Council pursuant to Article 67 of the EC Treaty (C5-0557/2003), |
| --- | --- |

—

having been reconsulted by the Council pursuant to Article 67 of the EC Treaty (C5-0557/2003),

| — | having regard to Rules 67 and 71(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 71(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Women's Rights and Equal Opportunities (A5-0099/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Women's Rights and Equal Opportunities (A5-0099/2004),

| 1. | Approves the Council draft as amended; |
| --- | --- |

1.

Approves the Council draft as amended;

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

2.

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

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

3.

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

| 4. | 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.

| TEXT PROPOSED BY THE COUNCIL | AMENDEMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 1 (new) |
| | (1) The European Union, in view of enlargement and its cultural affinities with its new neighbours, has an important responsibility to fight trafficking in human beings and to provide help to victims of action to facilitate illegal immigration. |
| Amendment 2 |
| Recital 2 (new) |
| | (2) Trafficking in human beings is a grave violation of human rights and should be combated actively. |
| Amendment 3 |
| Recital 3 (new) |
| | (3) With a view to the protection of third-country nationals who are victims of trafficking, Member States should conduct an assessment of the risks such persons run whether they choose to return to their country of origin or not. |
| Amendment 4 |
| Recital 4 (new) |
| | (4) With a view to enabling victims to regain their independence and ensuring that they do not re-establish contact with the criminal network responsible for their plight, Member States may couple the issue of such a residence permit with participation by the victims in programmes to foster their integration into society or to prepare them for a return to their home country. |
| Amendment 5 |
| Recital 5 (new) |
| | (5) The Council, the Commission and the European Parliament consider the Brussels Declaration on Preventing and Combating Trafficking in Human Beings as the primary reference text for the further development of anti-trafficking policy at European level. This Directive falls within the scope and is in line with the ambitions of that document. |
| Amendment 6 |
| Article 4 |
| | This Directive shall be without prejudice to the protection extended to refugees, to beneficiaries of subsidiary protection and persons seeking international protection under international refugee law and without prejudice to other human rights instruments, such as the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. |
| Amendment 7 |
| Article 6 |
| This directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive. | This Directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive
  , including minors who have fallen victim to trafficking in human beings or to actions to facilitate illegal immigration. |
| Amendment 8 |
| Article 7, paragraph 1 |
| When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform him/her of the possibilities offered under this Directive. | When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform him/her of the possibilities offered under this Directive
  in a language which he/she understands
  . |
| Amendment 9 |
| Article 8, paragraph 1, subparagraph 2 |
| The duration
  and starting point
  of
  the
  period
  referred to in the first sub-paragraph shall be determined according to national law. | The duration of
  this
  period
  shall be 30 days from the time when the third-country national breaks off all relations with those suspected of committing the offences referred to in Article 2(b) and (c). |
| Amendment 10 |
| Article 8, paragraph 2a (new) |
| | 2a. The reflection period shall be extended in exceptional cases such as physical or psychological distress or for reasons relating to the safety of third parties. |
| Amendment 11 |
| Article 9, paragraph 1 |
| 1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable, including, where appropriate
  and if provided by national law
  , psychological assistance. | 1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable,
  such as pregnant women, disabled persons, victims of rape or other forms of violence and, insofar as Member States make use of the possibility provided for in Article 3(3), minors,
  including, where appropriate, psychological assistance. |
| Amendment 12 |
| Article 9, paragraph 3, subparagraph 2 |
| Member States
  may
  provide the third-country nationals concerned with free legal aid,
  if established and
  under the conditions set by national law. | Member States
  shall
  provide the third-country nationals concerned with free legal aid, under the conditions set by national law. |
| Amendment 13 |
| Article 9, paragraph 3, subparagraph 2a (new) |
| | Member States shall ensure the effective availability of
  the
  third-country national to cooperate with the competent authorities for the duration of the residence permit. |
| Amendment 14 |
| Article 10, paragraph 2a (new) |
| | 2a. When issuing a residence permit, Member States shall consider issuing family members accompanying the victim a residence permit for the same limited period. |
| Amendment 15 |
| Article 10, paragraph 2b (new) |
| | 2b. The fact that a third-country national does not have identity papers or is in possession of false papers shall not preclude the issuing and renewal of a residence permit. |
| Amendment 16 |
| Article 12, paragraph 1, subparagraph 1 |
| 1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational training and education. | 1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational
  and language
  training and education. |
| Amendment 17 |
| Article 13a (new) |
| | Article 13a




  Judicial proceedings




  Member States shall protect the privacy and identity of persons who take part in judicial proceedings and shall guarantee, in particular, that such proceedings are not held in public. |
| Amendment 18 |
| Article 14, point (ca) (new) |
| | (ca) | In addition, Member States shall ensure that unaccompanied minors are accommodated on the basis of arrangements in the following order of preference:







  — | with adult relatives; |

TEXT PROPOSED BY THE COUNCIL

AMENDEMENTS BY PARLIAMENT

Amendment 1

Recital 1 (new)

(1) The European Union, in view of enlargement and its cultural affinities with its new neighbours, has an important responsibility to fight trafficking in human beings and to provide help to victims of action to facilitate illegal immigration.

Amendment 2

Recital 2 (new)

(2) Trafficking in human beings is a grave violation of human rights and should be combated actively.

Amendment 3

Recital 3 (new)

(3) With a view to the protection of third-country nationals who are victims of trafficking, Member States should conduct an assessment of the risks such persons run whether they choose to return to their country of origin or not.

Amendment 4

Recital 4 (new)

(4) With a view to enabling victims to regain their independence and ensuring that they do not re-establish contact with the criminal network responsible for their plight, Member States may couple the issue of such a residence permit with participation by the victims in programmes to foster their integration into society or to prepare them for a return to their home country.

Amendment 5

Recital 5 (new)

(5) The Council, the Commission and the European Parliament consider the Brussels Declaration on Preventing and Combating Trafficking in Human Beings as the primary reference text for the further development of anti-trafficking policy at European level. This Directive falls within the scope and is in line with the ambitions of that document.

Amendment 6

Article 4

This Directive shall be without prejudice to the protection extended to refugees, to beneficiaries of subsidiary protection and persons seeking international protection under international refugee law and without prejudice to other human rights instruments, such as the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Amendment 7

Article 6

This directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive.

This Directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive
  , including minors who have fallen victim to trafficking in human beings or to actions to facilitate illegal immigration.

Amendment 8

Article 7, paragraph 1

When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform him/her of the possibilities offered under this Directive.

When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform him/her of the possibilities offered under this Directive
  in a language which he/she understands
  .

Amendment 9

Article 8, paragraph 1, subparagraph 2

The duration
  and starting point
  of
  the
  period
  referred to in the first sub-paragraph shall be determined according to national law.

The duration of
  this
  period
  shall be 30 days from the time when the third-country national breaks off all relations with those suspected of committing the offences referred to in Article 2(b) and (c).

Amendment 10

Article 8, paragraph 2a (new)

2a. The reflection period shall be extended in exceptional cases such as physical or psychological distress or for reasons relating to the safety of third parties.

Amendment 11

Article 9, paragraph 1

1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable, including, where appropriate
  and if provided by national law
  , psychological assistance.

1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable,
  such as pregnant women, disabled persons, victims of rape or other forms of violence and, insofar as Member States make use of the possibility provided for in Article 3(3), minors,
  including, where appropriate, psychological assistance.

Amendment 12

Article 9, paragraph 3, subparagraph 2

Member States
  may
  provide the third-country nationals concerned with free legal aid,
  if established and
  under the conditions set by national law.

Member States
  shall
  provide the third-country nationals concerned with free legal aid, under the conditions set by national law.

Amendment 13

Article 9, paragraph 3, subparagraph 2a (new)

Member States shall ensure the effective availability of
  the
  third-country national to cooperate with the competent authorities for the duration of the residence permit.

Amendment 14

Article 10, paragraph 2a (new)

2a. When issuing a residence permit, Member States shall consider issuing family members accompanying the victim a residence permit for the same limited period.

Amendment 15

Article 10, paragraph 2b (new)

2b. The fact that a third-country national does not have identity papers or is in possession of false papers shall not preclude the issuing and renewal of a residence permit.

Amendment 16

Article 12, paragraph 1, subparagraph 1

1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational training and education.

1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational
  and language
  training and education.

Amendment 17

Article 13a (new)

Article 13a

Judicial proceedings

Member States shall protect the privacy and identity of persons who take part in judicial proceedings and shall guarantee, in particular, that such proceedings are not held in public.

Amendment 18

Article 14, point (ca) (new)

(ca)

—

with adult relatives;

| — | with a foster family; |
| --- | --- |

—

with a foster family;

| — | in institutions which specialise in accommodating minors; |
| --- | --- |

—

in institutions which specialise in accommodating minors;

| — | in other forms of accommodation suitable for minors. |
| --- | --- |

—

in other forms of accommodation suitable for minors.

Amendment 19

Article 16, paragraph 1

1. The residence permit issued on the basis of this Directive shall not be renewed
  if the conditions of Article 10(2) cease to be satisfied or if a decision adopted by the competent authorities has terminated the relevant proceedings.

1. The residence permit issued on the basis of this Directive shall not be renewed
  in the following cases
  :

| (a) | where it is no longer necessary for the purpose of the investigation or of the judicial proceedings to prolong the stay of the third-country national concerned, or |
| --- | --- |

(a)

where it is no longer necessary for the purpose of the investigation or of the judicial proceedings to prolong the stay of the third-country national concerned, or

| (b) | where a decision of the competent authorities concludes the proceedings. |
| --- | --- |

(b)

where a decision of the competent authorities concludes the proceedings.

Amendment 20

Article 16, paragraph 2

2. When the residence permit issued on the basis of this Directive expires ordinary aliens law shall apply.

2. When the residence permit issued on the basis of this Directive expires ordinary aliens law shall apply.
  If the thirdcountry national concerned submits an application for another type of residence permit, and without prejudice to the relevant rules of ordinary aliens law, Member States shall take into account their cooperation when considering their application.

Amendment 21

Article 17, points (a) to (e)

| (a) | if the holder has actively, voluntarily and in his/her own initiative renewed contacts with those suspected of committing the offences in question,
  or |
| --- | --- |

(a)

if the holder has actively, voluntarily and in his/her own initiative renewed contacts with those suspected of committing the offences in question,
  or

| (a) | for reasons relating to the protection of public policy and public security,
  or |
| --- | --- |

(a)

for reasons relating to the protection of public policy and public security,
  or

| (b) | if the competent authority believes that the victim's cooperation or complaint is fraudulent or wrongful,
  or |
| --- | --- |

(b)

if the competent authority believes that the victim's cooperation or complaint is fraudulent or wrongful,
  or

| (b) | when the victim ceases to cooperate,
  or |
| --- | --- |

(b)

when the victim ceases to cooperate,
  or

| (c) | for reasons relating to public policy and to the protection of national security,
  or |
| --- | --- |

(c)

for reasons relating to public policy and to the protection of national security,
  or

| (c) | if the holder has renewed contacts with those suspected of committing the offences in question,
  or |
| --- | --- |

(c)

if the holder has renewed contacts with those suspected of committing the offences in question,
  or

| (d) | when the victim ceases to cooperate; |
| --- | --- |

(d)

| (d) | if the competent authority believes that the victim's cooperation or complaint is fraudulent or wrongful. |
| --- | --- |

(d)

| (e) | when the competent authorities decide to dismiss the case. |
| --- | --- |

(e)

Amendment 22

Article 17, paragraph 1a (new)

Should they decide not to renew or to withdraw a thirdcountry national's residence permit, the competent authorities shall assess the risks to that person's safety regardless of whether or not he or she intends voluntarily to return.

Amendment 23

Article 17, paragraph 1b (new)

A decision taken by the competent authorities not to renew a third-country national's residence permit or to withdraw it may be the subject of an appeal to a court.

---

(1)  Not yet published in OJ.

(2)  OJ C 126 E, 28.5.2002, p. 393.

(3)  OJ C 27 E, 30.1.2004, p. 140.

P5_TA(2004)0136

Europol: staff regulations, salaries and allowances *

European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Act amending Europol's staff regulations (5435/2004 — C5-0057/2004 — 2004/0804(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative of Ireland (5435/2004) (1), |
| --- | --- |

—

having regard to the initiative of Ireland (5435/2004) (1),

| — | having regard to the Convention on the establishment of a European Police Office (Europol Convention) (2) and, in particular, Article 30(3) thereof, |
| --- | --- |

—

having regard to the Convention on the establishment of a European Police Office (Europol Convention) (2) and, in particular, Article 30(3) thereof,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0057/2004), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0057/2004),

| — | having regard to Rules 67 and 61(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 61(4) of its Rules of Procedure,

| — | having regard to the report by the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004), |
| --- | --- |

—

having regard to the report by the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004),

| 1. | Rejects the initiative of Ireland; |
| --- | --- |

1.

Rejects the initiative of Ireland;

| 2. | Calls on Ireland to withdraw its initiative; |
| --- | --- |

2.

Calls on Ireland to withdraw its initiative;

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

3.

Instructs its President to forward its position to the Council and Commission and to the Government of Ireland.

---

(1)  Not yet published in OJ.

(2)  OJ C 316, 27.11.1995, p. 2.

P5_TA(2004)0137

Europol: staff regulations, salaries and allowances *

European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Decision adjusting the basic salaries and allowances applicable to Europol staff (5436/2004 — C5-0058/2004 — 2004/0805(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative of Ireland (5436/2004) (1), |
| --- | --- |

—

having regard to the initiative of Ireland (5436/2004) (1),

| — | having regard to the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (2) and, in particular, Article 44 thereof, |
| --- | --- |

—

having regard to the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (2) and, in particular, Article 44 thereof,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0058/2004), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0058/2004),

| — | having regard to Rules 67 and 61(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 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 (A5-0108/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004),

| 1. | Rejects the initiative of Ireland; |
| --- | --- |

1.

Rejects the initiative of Ireland;

| 2. | Calls on Ireland to withdraw its initiative; |
| --- | --- |

2.

Calls on Ireland to withdraw its initiative;

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

3.

Instructs its President to forward its position to the Council and Commission and to the Government of Ireland.

---

(1)  Not yet published in OJ.

(2)  OJ C 26, 30.1.1999, p. 23.

P5_TA(2004)0138

Europol: staff regulations, salaries and allowances *

European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Decision adjusting the basic salaries and allowances applicable to Europol staff (5438/2004 — C5-0059/2004 — 2004/0806(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative of Ireland (5438/2004) (1), |
| --- | --- |

—

having regard to the initiative of Ireland (5438/2004) (1),

| — | having regard to Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (2) and, in particular, Article 44 thereof, |
| --- | --- |

—

having regard to Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (2) and, in particular, Article 44 thereof,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0059/2004), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0059/2004),

| — | having regard to Rules 67 and 61(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 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 (A5-0108/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0108/2004),

| 1. | Rejects the initiative of Ireland; |
| --- | --- |

1.

Rejects the initiative of Ireland;

| 2. | Calls on Ireland to withdraw its initiative; |
| --- | --- |

2.

Calls on Ireland to withdraw its initiative;

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

3.

Instructs its President to forward its position to the Council and Commission and to the Government of Ireland.

---

(1)  Not yet published in OJ.

(2)  OJ C 26, 30.1.1999, p. 23.

P5_TA(2004)0139

Monitoring the application of Community law

Motion for a European Parliament resolution on the Commission Communication on better monitoring of the application of Community law (COM(2002) 725 — C5-0008/2003 — 2003/2008(INI))

The European Parliament,

| — | having regard to the Commission Communication (COM(2002) 725) — C5-0008/2003), |
| --- | --- |

—

having regard to the Commission Communication (COM(2002) 725) — C5-0008/2003),

| — | having regard to the Commission's twentieth annual report on monitoring the application of Community law (2002) (COM(2003) 669), |
| --- | --- |

—

having regard to the Commission's twentieth annual report on monitoring the application of Community law (2002) (COM(2003) 669),

| — | having regard to the Commission staff working paper (SEC(2003) 804), |
| --- | --- |

—

having regard to the Commission staff working paper (SEC(2003) 804),

| — | 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 Legal Affairs and the Internal Market (A5-0109/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0109/2004),

| A. | whereas the Commission's practice of annually reporting to Parliament about the application of Community law has been established for over twenty years, |
| --- | --- |

A.

whereas the Commission's practice of annually reporting to Parliament about the application of Community law has been established for over twenty years,

| B. | whereas this series of reports makes it possible, over the long run, to judge how far the Community has genuinely committed itself to upholding the rule of law, both through the conduct of the Commission as guardian of the Treaties and through the conduct of the Member States as their ultimate masters, |
| --- | --- |

B.

whereas this series of reports makes it possible, over the long run, to judge how far the Community has genuinely committed itself to upholding the rule of law, both through the conduct of the Commission as guardian of the Treaties and through the conduct of the Member States as their ultimate masters,

| C. | whereas, in particular, these reports depict both the quality of Member States' performance in transposing directives, and their degree of commitment to the loyal fulfilment of their resultant Community obligations, |
| --- | --- |

C.

whereas, in particular, these reports depict both the quality of Member States' performance in transposing directives, and their degree of commitment to the loyal fulfilment of their resultant Community obligations,

| D. | whereas the correct monitoring of these actions requires the following:






  — | qualitative judgements concerning the practices adopted in actually applying the law, and |
| --- | --- | --- |

D.

whereas the correct monitoring of these actions requires the following:

—

qualitative judgements concerning the practices adopted in actually applying the law, and

| — | quantitative reporting on the number of directives whose transposition or effective implementation is delayed by reference to established deadlines or whose transposition is otherwise deficient, |
| --- | --- |

—

quantitative reporting on the number of directives whose transposition or effective implementation is delayed by reference to established deadlines or whose transposition is otherwise deficient,

| E. | whereas much of the Commission's activity in securing the implementation of Community law originates from complaints that citizens make to the Commission about what they consider to be infringements, |
| --- | --- |

E.

whereas much of the Commission's activity in securing the implementation of Community law originates from complaints that citizens make to the Commission about what they consider to be infringements,

| F. | whereas the annual average number of complaints lodged by citizens has increased from 536 in 1983-89 to 1 346 in 1999-2002, |
| --- | --- |

F.

whereas the annual average number of complaints lodged by citizens has increased from 536 in 1983-89 to 1 346 in 1999-2002,

| G. | whereas over the whole period, the primary areas of citizen complaint have been: the single market (36 % 1990-98, 27 % 1999-2002); the environment (31 % 1990-98, 40 % 1999-2002); and agriculture (14 % 1990-98, 4 % 1999-2002); environmental concerns are thus becoming predominant among activist citizens, |
| --- | --- |

G.

whereas over the whole period, the primary areas of citizen complaint have been: the single market (36 % 1990-98, 27 % 1999-2002); the environment (31 % 1990-98, 40 % 1999-2002); and agriculture (14 % 1990-98, 4 % 1999-2002); environmental concerns are thus becoming predominant among activist citizens,

| H. | whereas the increase in the number of complaints illustrates the vital role that activist citizens play in the application of Community law, |
| --- | --- |

H.

whereas the increase in the number of complaints illustrates the vital role that activist citizens play in the application of Community law,

| I. | whereas in its resolution of 3 June 2003 on the Commission's eighteenth and nineteenth annual reports about the implementation of Community law (1), Parliament called on the Commission to keep complainants fully informed of the progress of their complaints and to copy to complainants all correspondence exchanged between the Commission and Member States in pursuance of their complaint, |
| --- | --- |

I.

whereas in its resolution of 3 June 2003 on the Commission's eighteenth and nineteenth annual reports about the implementation of Community law (1), Parliament called on the Commission to keep complainants fully informed of the progress of their complaints and to copy to complainants all correspondence exchanged between the Commission and Member States in pursuance of their complaint,

| J. | whereas it appears that the Commission generally maintains a satisfactory degree of vigilance in upholding the rule of law in respect of the matters covered in the twentieth report and its predecessors; whereas these reports constitute in themselves an essential tool for Parliament to play its role in scrutinising the performance of the executive, |
| --- | --- |

J.

whereas it appears that the Commission generally maintains a satisfactory degree of vigilance in upholding the rule of law in respect of the matters covered in the twentieth report and its predecessors; whereas these reports constitute in themselves an essential tool for Parliament to play its role in scrutinising the performance of the executive,

| K. | whereas the number of preliminary references is a result of the quality of Community legislation, |
| --- | --- |

K.

whereas the number of preliminary references is a result of the quality of Community legislation,

| L. | whereas failure by the Community legislature to produce legislation of good quality can itself be detrimental to the correct understanding and application of Community law, hence faithful observance of the inter institutional agreement of 16 December 2003 on Better law-making (2) will be of great importance and should be tracked in future annual reports, |
| --- | --- |

L.

whereas failure by the Community legislature to produce legislation of good quality can itself be detrimental to the correct understanding and application of Community law, hence faithful observance of the inter institutional agreement of 16 December 2003 on Better law-making (2) will be of great importance and should be tracked in future annual reports,

| M. | whereas Member States regularly fail to fulfil, or at least to fulfil expeditiously, some of the obligations that their Governments freely undertake as participants in the legislative process of the Community, and sometimes show a cynical disregard for their manifest obligations by deferring compliance until the latest possible stage in an enforcement action, or by disregarding legal obligations (e.g. those under the Stability and Growth Pact) so as to bring about de facto legal change, |
| --- | --- |

M.

whereas Member States regularly fail to fulfil, or at least to fulfil expeditiously, some of the obligations that their Governments freely undertake as participants in the legislative process of the Community, and sometimes show a cynical disregard for their manifest obligations by deferring compliance until the latest possible stage in an enforcement action, or by disregarding legal obligations (e.g. those under the Stability and Growth Pact) so as to bring about de facto legal change,

| N. | whereas the Community institutions have a duty to ensure that the citizens of Europe can fully exercise their rights in the Union, in particular as regards access to justice and the implementation of rights that have been judicially declared and upheld after due process of law, |
| --- | --- |

N.

whereas the Community institutions have a duty to ensure that the citizens of Europe can fully exercise their rights in the Union, in particular as regards access to justice and the implementation of rights that have been judicially declared and upheld after due process of law,

| O. | whereas the Commission has to undertake some responsibility for assisting Member State authorities to achieve a timely transposition and efficient implementation at regional and local as well as at central state level, |
| --- | --- |

O.

whereas the Commission has to undertake some responsibility for assisting Member State authorities to achieve a timely transposition and efficient implementation at regional and local as well as at central state level,

| P. | whereas the Commission has developed its SOLVIT system for solving certain politically uncontroversial problems of individual application of Community law through a network of administrative agencies of Member States; whereas this system is available to MEPs and their assistants, |
| --- | --- |

P.

whereas the Commission has developed its SOLVIT system for solving certain politically uncontroversial problems of individual application of Community law through a network of administrative agencies of Member States; whereas this system is available to MEPs and their assistants,

| 1. | Welcomes the improvements in monitoring suggested by the Commission in its Communication; |
| --- | --- |

1.

Welcomes the improvements in monitoring suggested by the Commission in its Communication;

| 2. | Welcomes the Commission's commitments in response to recommendations by the Ombudsman about the Commission's relations with complainants (COM (2002) 141 final), but regrets that they fall short of keeping complainants fully informed of the progress of their complaints and copying to complainants all correspondence exchanged between the Commission and Member States in pursuance of their complaint; |
| --- | --- |

2.

Welcomes the Commission's commitments in response to recommendations by the Ombudsman about the Commission's relations with complainants (COM (2002) 141 final), but regrets that they fall short of keeping complainants fully informed of the progress of their complaints and copying to complainants all correspondence exchanged between the Commission and Member States in pursuance of their complaint;

| 3. | Welcomes the Commission's resolve, stated in the aforementioned working paper SEC (2003) 804, to ensure, especially in field of environmental law, that Community rules are ‘enforcement-friendly‧, that guidelines and interpretative texts are prepared in consultation with all stakeholders, that there is proactive contact with Member States (including, it is hoped, their relevant regional authorities), and that use is made of the informal EU network on implementing environmental law; |
| --- | --- |

3.

Welcomes the Commission's resolve, stated in the aforementioned working paper SEC (2003) 804, to ensure, especially in field of environmental law, that Community rules are ‘enforcement-friendly‧, that guidelines and interpretative texts are prepared in consultation with all stakeholders, that there is proactive contact with Member States (including, it is hoped, their relevant regional authorities), and that use is made of the informal EU network on implementing environmental law;

| 4. | Generally supports the Commission's efforts to solve problems of transposition proactively rather than reactively; |
| --- | --- |

4.

Generally supports the Commission's efforts to solve problems of transposition proactively rather than reactively;

| 5. | Reiterates its desire to see enhanced cooperation between Members of the European Parliament and, including, where appropriate, regional or other local Members, to aid and increase effective scrutiny of European matters at national level; considers that parliaments at all levels play a valuable role in the monitoring of the application of Community law, thus helping to strengthen the democratic legitimacy of the Union and bring it closer to its citizens; |
| --- | --- |

5.

Reiterates its desire to see enhanced cooperation between Members of the European Parliament and, including, where appropriate, regional or other local Members, to aid and increase effective scrutiny of European matters at national level; considers that parliaments at all levels play a valuable role in the monitoring of the application of Community law, thus helping to strengthen the democratic legitimacy of the Union and bring it closer to its citizens;

| 6. | Reiterates, therefore, its recommendation to the Commission to send its annual reports on the monitoring of the application of Community law to national parliaments for transmission, as may be appropriate, to the relevant internal parliaments; |
| --- | --- |

6.

Reiterates, therefore, its recommendation to the Commission to send its annual reports on the monitoring of the application of Community law to national parliaments for transmission, as may be appropriate, to the relevant internal parliaments;

| 7. | Deplores the fact that, notwithstanding the Commission's assiduous activity to ensure proper application of Community law, there remain glaring examples of drawn-out and pertinacious failures by Member States to comply with declared obligations, thereby undermining the ideal of the Union as a Community based on law; |
| --- | --- |

7.

Deplores the fact that, notwithstanding the Commission's assiduous activity to ensure proper application of Community law, there remain glaring examples of drawn-out and pertinacious failures by Member States to comply with declared obligations, thereby undermining the ideal of the Union as a Community based on law;

| 8. | Welcomes the Commission's intention to give priority to infringement proceedings under Article 228 EC, and to reinforce the machinery at its disposal for performing its task of monitoring the implementation of Community law; |
| --- | --- |

8.

Welcomes the Commission's intention to give priority to infringement proceedings under Article 228 EC, and to reinforce the machinery at its disposal for performing its task of monitoring the implementation of Community law;

| 9. | Calls once again on the Commission to set short deadlines for the pre-litigation phase of the procedure for breach, which should be concluded by a predefined deadline, to be established from the outset; |
| --- | --- |

9.

Calls once again on the Commission to set short deadlines for the pre-litigation phase of the procedure for breach, which should be concluded by a predefined deadline, to be established from the outset;

| 10. | Recalls that petitions forwarded by individuals to the Commission, the Ombudsman and Parliament's relevant committees enable the European Union to assess the way in which Community law is being implemented at national and European level; |
| --- | --- |

10.

Recalls that petitions forwarded by individuals to the Commission, the Ombudsman and Parliament's relevant committees enable the European Union to assess the way in which Community law is being implemented at national and European level;

| 11. | Calls once again on the Commission to make every effort to shorten the relatively long delay in dealing with complaints or petitions and to find practical solutions to the problems submitted by deciding, upon receipt of the case, whether alternative methods, such as package meetings, SOLVIT or formal procedures are more appropriate; |
| --- | --- |

11.

Calls once again on the Commission to make every effort to shorten the relatively long delay in dealing with complaints or petitions and to find practical solutions to the problems submitted by deciding, upon receipt of the case, whether alternative methods, such as package meetings, SOLVIT or formal procedures are more appropriate;

| 12. | Reiterates its belief that close cooperation and monitoring arrangements between the Commission, the Council, the Ombudsman and Parliament's relevant committees are essential to ensure effective intervention in all cases where the petitioner has justifiably complained of an infringement of Community law; |
| --- | --- |

12.

Reiterates its belief that close cooperation and monitoring arrangements between the Commission, the Council, the Ombudsman and Parliament's relevant committees are essential to ensure effective intervention in all cases where the petitioner has justifiably complained of an infringement of Community law;

| 13. | Strongly deplores the conduct of the Commission towards Parliament and, in particular, its competent committee in the case concerning Lloyd's of London, in relation to which there has been an obstinate refusal to communicate fully with Parliament on all questions it has raised; |
| --- | --- |

13.

Strongly deplores the conduct of the Commission towards Parliament and, in particular, its competent committee in the case concerning Lloyd's of London, in relation to which there has been an obstinate refusal to communicate fully with Parliament on all questions it has raised;

| 14. | Reiterates, yet again, its request for the Commission to include in its future annual reports on the monitoring of the application of Community law a chapter devoted to the petitions forwarded to it by Parliament's competent committees; |
| --- | --- |

14.

Reiterates, yet again, its request for the Commission to include in its future annual reports on the monitoring of the application of Community law a chapter devoted to the petitions forwarded to it by Parliament's competent committees;

| 15. | Reiterates its request that the Commission draw up a list of all the reports relating to the application of Community law, whether of a general or sectoral nature, by the national authorities of the European Economic Area Member States; |
| --- | --- |

15.

Reiterates its request that the Commission draw up a list of all the reports relating to the application of Community law, whether of a general or sectoral nature, by the national authorities of the European Economic Area Member States;

| 16. | Welcomes the steps the Commission has taken in monitoring the area of freedom, security and justice in accordance with the principles of Community law, and takes note of the contents of Section 2.15 of the Commission's twentieth annual report; however, in this context, reiterates its call for the Commission to produce, in future, a report on the application of European Union law which includes matters falling within the second and third pillar; |
| --- | --- |

16.

Welcomes the steps the Commission has taken in monitoring the area of freedom, security and justice in accordance with the principles of Community law, and takes note of the contents of Section 2.15 of the Commission's twentieth annual report; however, in this context, reiterates its call for the Commission to produce, in future, a report on the application of European Union law which includes matters falling within the second and third pillar;

| 17. | Observes that the courts of some Member States virtually never request preliminary rulings pursuant to Article 234 of the Treaty, and repeats its call to the Commission to investigate the reasons for this and report thereon to Parliament; |
| --- | --- |

17.

Observes that the courts of some Member States virtually never request preliminary rulings pursuant to Article 234 of the Treaty, and repeats its call to the Commission to investigate the reasons for this and report thereon to Parliament;

| 18. | Notes with concern that the inadequate familiarity of members of national judiciaries and lawyers with Community law seriously hinders its full application; |
| --- | --- |

18.

Notes with concern that the inadequate familiarity of members of national judiciaries and lawyers with Community law seriously hinders its full application;

| 19. | Welcomes initiatives to facilitate out-of-court settlement of disputes such as the European extra-judicial network and the Financial services complaints network; calls on the Commission to carefully monitor the progress of these bodies and report its results to the European Parliament as this process will constitute another helpful indicator of the application of Community rules and access to justice; |
| --- | --- |

19.

Welcomes initiatives to facilitate out-of-court settlement of disputes such as the European extra-judicial network and the Financial services complaints network; calls on the Commission to carefully monitor the progress of these bodies and report its results to the European Parliament as this process will constitute another helpful indicator of the application of Community rules and access to justice;

| 20. | In this connection, warmly welcomes the recent further development of the SOLVIT network; notes that generalised access for MEPs is now possible and that this should be made available on a systematic basis to all MEPs and their assistants; calls on the Commission and Member States to promote the network widely to potential users and to devote adequate resources thereto so as to ensure that it can deal with an increase in case flow; |
| --- | --- |

20.

In this connection, warmly welcomes the recent further development of the SOLVIT network; notes that generalised access for MEPs is now possible and that this should be made available on a systematic basis to all MEPs and their assistants; calls on the Commission and Member States to promote the network widely to potential users and to devote adequate resources thereto so as to ensure that it can deal with an increase in case flow;

| 21. | Encourages reflection on how the role of national and regional Ombudsmen in monitoring the application of Community law might be developed; |
| --- | --- |

21.

Encourages reflection on how the role of national and regional Ombudsmen in monitoring the application of Community law might be developed;

| 22. | Notes with concern that recent case law concerning individual applicants' right to institute proceedings before the Court of Justice fails to provide uniform interpretation and application of Community law, and regrets that even the Draft Constitution takes only timid steps towards improving the situation in this regard; |
| --- | --- |

22.

Notes with concern that recent case law concerning individual applicants' right to institute proceedings before the Court of Justice fails to provide uniform interpretation and application of Community law, and regrets that even the Draft Constitution takes only timid steps towards improving the situation in this regard;

| 23. | Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice of the European Communities, the Ombudsman and the Parliaments of the Member States. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice of the European Communities, the Ombudsman and the Parliaments of the Member States.

---

(1)  P5_TA(2003)0231.

(2)  OJ C 321, 31.12.2003, p. 1.

P5_TA(2004)0140

Biological and chemical agent attacks (health security)

European Parliament recommendation to the Council on cooperation in the European Union on preparedness and response to biological and chemical agent attacks (health security) (2003/2187(INI))

The European Parliament,

| — | having regard to the proposal for a recommendation to the Council by Anna Terrón i Cusí and Gerhard Schmid on behalf of the PSE Group on dealing with the possible threat of biological and chemical weapon attacks (B5-0407/2003), |
| --- | --- |

—

having regard to the proposal for a recommendation to the Council by Anna Terrón i Cusí and Gerhard Schmid on behalf of the PSE Group on dealing with the possible threat of biological and chemical weapon attacks (B5-0407/2003),

| — | having regard to Rule 49(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 49(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0097/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0097/2004),

| A. | whereas the threat of terrorist attacks against Member States involving chemical and biological weapons is being discussed, |
| --- | --- |

A.

whereas the threat of terrorist attacks against Member States involving chemical and biological weapons is being discussed,

| B. | whereas, in addition to early-warning systems in Member States, information exchange and sharing of laboratory capacities, it has also been suggested that vaccines, antibiotics, etc. be stockpiled at European level, |
| --- | --- |

B.

whereas, in addition to early-warning systems in Member States, information exchange and sharing of laboratory capacities, it has also been suggested that vaccines, antibiotics, etc. be stockpiled at European level,

| C. | whereas early-warning systems in Member States, information exchange and the sharing of laboratory capacities, as well as the stockpiling of vaccines, antibiotics, etc., could have a considerable impact on the budgets of the EU and the Member States and require targeted legislative measures, |
| --- | --- |

C.

whereas early-warning systems in Member States, information exchange and the sharing of laboratory capacities, as well as the stockpiling of vaccines, antibiotics, etc., could have a considerable impact on the budgets of the EU and the Member States and require targeted legislative measures,

| D. | whereas budgetary and legal steps could be justified only on the basis of a clear risk analysis demonstrating a genuine probability of terrorist attacks in the EU involving biological and chemical weapons, |
| --- | --- |

D.

whereas budgetary and legal steps could be justified only on the basis of a clear risk analysis demonstrating a genuine probability of terrorist attacks in the EU involving biological and chemical weapons,

| E. | whereas the necessary analyses clearly exceed the capabilities of the Commission, |
| --- | --- |

E.

whereas the necessary analyses clearly exceed the capabilities of the Commission,

| 1. | Addresses the following recommendations to the Council:






  (a) | that it commission a realistic analysis of the threat posed, making use of European cooperation between national police forces and involving Europol and bearing in mind the results of cooperation between intelligence services in the fight against terrorism, in order to form the basis of a serious EU response, |
| --- | --- | --- |

1.

Addresses the following recommendations to the Council:

(a)

that it commission a realistic analysis of the threat posed, making use of European cooperation between national police forces and involving Europol and bearing in mind the results of cooperation between intelligence services in the fight against terrorism, in order to form the basis of a serious EU response,

| (b) | that it communicate to Parliament in the appropriate form the general findings of this analysis that can, as such, be made public, so as to provide it with a rational basis for any relevant budgetary consultations, |
| --- | --- |

(b)

that it communicate to Parliament in the appropriate form the general findings of this analysis that can, as such, be made public, so as to provide it with a rational basis for any relevant budgetary consultations,

| (c) | that it initiate, in the light of the findings of the analysis, the necessary legislative steps to deal with biological and chemical weapons attacks; |
| --- | --- |

(c)

that it initiate, in the light of the findings of the analysis, the necessary legislative steps to deal with biological and chemical weapons attacks;

| 2. | Instructs its President to forward this recommendation to the Council and, for information, to the Commission. |
| --- | --- |

2.

Instructs its President to forward this recommendation to the Council and, for information, to the Commission.

P5_TA(2004)0141

Data protection

European Parliament resolution on the First Report on the implementation of the Data Protection Directive (95/46/EC) (COM(2003) 265 — C5-0375/2003 — 2003/2153(INI))

The European Parliament,

| — | having regard to the First Report on the implementation of the Data Protection Directive (95/46/EC) (COM(2003) 265 — C5-0375/2003), |
| --- | --- |

—

having regard to the First Report on the implementation of the Data Protection Directive (95/46/EC) (COM(2003) 265 — C5-0375/2003),

| — | having regard to the texts that in international law protect the right to privacy, and notably Article 12 of the Universal Declaration of Human Rights of 10 December 1948, Article 17 of the International Covenant on Civil and Political Rights of 16 December 1966, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1) of 4 November 1950, the Convention for the protection of individuals with regard to automatic processing of personal data (2) of 28 January 1981 and the recommendations adopted by the Council of Europe, |
| --- | --- |

—

having regard to the texts that in international law protect the right to privacy, and notably Article 12 of the Universal Declaration of Human Rights of 10 December 1948, Article 17 of the International Covenant on Civil and Political Rights of 16 December 1966, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1) of 4 November 1950, the Convention for the protection of individuals with regard to automatic processing of personal data (2) of 28 January 1981 and the recommendations adopted by the Council of Europe,

| — | having regard to Article 6 of the TEU (respect for human rights and fundamental freedoms in the EU) and Article 286 of the EC Treaty, as well as Articles 7 (respect for private and family life) and 8 (protection of personal data) of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 6 of the TEU (respect for human rights and fundamental freedoms in the EU) and Article 286 of the EC Treaty, as well as Articles 7 (respect for private and family life) and 8 (protection of personal data) of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Community legislation which protects the right to privacy and to data protection, and notably European Parliament and Council Directive 95/46/EC 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 (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (4), |
| --- | --- |

—

having regard to the Community legislation which protects the right to privacy and to data protection, and notably European Parliament and Council Directive 95/46/EC 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 (3) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (4),

| — | having regard to other EU instruments concerning data protection in the field of the third pillar, and notably to the draft Greek Presidency working document on common rules for the protection of personal data within the framework of the third pillar, and having regard to the announcement made by Commissioner Vitorino that the Commission intended to propose a legal instrument on this issue in 2004 (5), |
| --- | --- |

—

having regard to other EU instruments concerning data protection in the field of the third pillar, and notably to the draft Greek Presidency working document on common rules for the protection of personal data within the framework of the third pillar, and having regard to the announcement made by Commissioner Vitorino that the Commission intended to propose a legal instrument on this issue in 2004 (5),

| — | having regard to the opinions of the working party on the protection of individuals with regard to the processing of personal data established by Article 29 of Directive 95/46/EC (the ‘Article 29 Working Party‧), |
| --- | --- |

—

having regard to the opinions of the working party on the protection of individuals with regard to the processing of personal data established by Article 29 of Directive 95/46/EC (the ‘Article 29 Working Party‧),

| — | having regard to the documents relating to the transfer of transatlantic passengers' personal data to the USA, with particular reference to: the opinions of the Article 29 Working Party, the Commission communications, the US Undertakings, the opinion of the Belgian Committee on the Protection of Privacy on complaints by some passengers, and the complaint lodged with the Commission regarding the violation of Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems (6), |
| --- | --- |

—

having regard to the documents relating to the transfer of transatlantic passengers' personal data to the USA, with particular reference to: the opinions of the Article 29 Working Party, the Commission communications, the US Undertakings, the opinion of the Belgian Committee on the Protection of Privacy on complaints by some passengers, and the complaint lodged with the Commission regarding the violation of Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems (6),

| — | having regard to the Court of Justice judgment of 20 May 2003 in the Österreichscher Rundfunk and Others case (7), |
| --- | --- |

—

having regard to the Court of Justice judgment of 20 May 2003 in the Österreichscher Rundfunk and Others case (7),

| — | 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 Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Industry, External Trade, Research and Energy (A5-0104/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Industry, External Trade, Research and Energy (A5-0104/2004),

| A. | whereas the right to privacy is a fundamental human right, as set out in all the main legal instruments that guarantee citizens' freedoms and rights at international, European and national level, |
| --- | --- |

A.

whereas the right to privacy is a fundamental human right, as set out in all the main legal instruments that guarantee citizens' freedoms and rights at international, European and national level,

| B. | whereas the EU has developed a legal regime aimed at guaranteeing citizens' privacy through a high standard of data protection in areas covered by the first pillar, |
| --- | --- |

B.

whereas the EU has developed a legal regime aimed at guaranteeing citizens' privacy through a high standard of data protection in areas covered by the first pillar,

| C. | whereas, due to the current pillar structure of the EU, activities that fall within the remit of the second and third pillars are excluded from this legal regime and are partially subject to fragmented specific provisions; whereas the European Parliament is only partially consulted and informed and whereas the Court of Justice has limited powers in this area, |
| --- | --- |

C.

whereas, due to the current pillar structure of the EU, activities that fall within the remit of the second and third pillars are excluded from this legal regime and are partially subject to fragmented specific provisions; whereas the European Parliament is only partially consulted and informed and whereas the Court of Justice has limited powers in this area,

| D. | whereas Directive 95/46/EC charges the Commission with reporting to the Council and the European Parliament on the implementation of the directive and with proposing, if necessary, suitable amendments, |
| --- | --- |

D.

whereas Directive 95/46/EC charges the Commission with reporting to the Council and the European Parliament on the implementation of the directive and with proposing, if necessary, suitable amendments,

| E. | whereas, since the terrorist attacks of September 2001, measures aimed at increasing security by modifying privacy and data protection rights have been adopted or are planned at national, European and international level, |
| --- | --- |

E.

whereas, since the terrorist attacks of September 2001, measures aimed at increasing security by modifying privacy and data protection rights have been adopted or are planned at national, European and international level,

| F. | whereas data transfers to third states and organisations are an area of concern, both because of disparities in the laws of the Member States, some of which are excessively permissive and other excessively rigid, and, above all, because the binding assessment of the adequacy of the protection provided by recipients for a fundamental right of European citizens comes within the remit of the executive body, the Commission, and not that of Parliament, |
| --- | --- |

F.

whereas data transfers to third states and organisations are an area of concern, both because of disparities in the laws of the Member States, some of which are excessively permissive and other excessively rigid, and, above all, because the binding assessment of the adequacy of the protection provided by recipients for a fundamental right of European citizens comes within the remit of the executive body, the Commission, and not that of Parliament,

| G. | whereas negotiations are still underway between the EU and the US on the issue of the illegal transfer of transatlantic passengers' data to the US and whereas Parliament has asked the Commission to take action pursuant to Article 232 of the EC Treaty, |
| --- | --- |

G.

whereas negotiations are still underway between the EU and the US on the issue of the illegal transfer of transatlantic passengers' data to the US and whereas Parliament has asked the Commission to take action pursuant to Article 232 of the EC Treaty,

| H. | whereas the Belgian Committee on the Protection of Privacy has ascertained that the personal data of some European transatlantic passengers — including a Member of the European Parliament — were transferred to the USA illegally, in violation of Belgian law and European directives, |
| --- | --- |

H.

whereas the Belgian Committee on the Protection of Privacy has ascertained that the personal data of some European transatlantic passengers — including a Member of the European Parliament — were transferred to the USA illegally, in violation of Belgian law and European directives,

| I. | whereas the Article 29 Working Party stated in its opinion on the transfer to the USA of data relating to transatlantic passengers that ‘the progress made does not allow a favourable adequacy finding to be achieved‧, and whereas a large number of further issues need to be resolved before the Commission can take an adequacy decision, |
| --- | --- |

I.

whereas the Article 29 Working Party stated in its opinion on the transfer to the USA of data relating to transatlantic passengers that ‘the progress made does not allow a favourable adequacy finding to be achieved‧, and whereas a large number of further issues need to be resolved before the Commission can take an adequacy decision,

| J. | whereas the EU, its institutions and the Member States are required to comply with the Charter of Fundamental Rights of the EU, particularly Article 8 thereof, the European Convention on Human Rights and Fundamental Freedoms and the general principles of international law, and whereas the current policies of data retention and data transfer to third countries are likely to result in their being seriously breached, |
| --- | --- |

J.

whereas the EU, its institutions and the Member States are required to comply with the Charter of Fundamental Rights of the EU, particularly Article 8 thereof, the European Convention on Human Rights and Fundamental Freedoms and the general principles of international law, and whereas the current policies of data retention and data transfer to third countries are likely to result in their being seriously breached,

| K. | whereas the Commission and Member States and national privacy protection authorities are responsible for the effective implementation of national and European privacy laws and for punishing violations of those laws, |
| --- | --- |

K.

whereas the Commission and Member States and national privacy protection authorities are responsible for the effective implementation of national and European privacy laws and for punishing violations of those laws,

| L. | whereas national and European laws on the transfer of personal data to third countries have been flagrantly breached by the transfer of transatlantic passengers' personal data to the US law-enforcement authorities, and whereas the Commission, the Member States and some privacy protection authorities — particularly those which under national law have the power to block data transfers — have substantially colluded in infringing the legislation and the principle of legality, |
| --- | --- |

L.

whereas national and European laws on the transfer of personal data to third countries have been flagrantly breached by the transfer of transatlantic passengers' personal data to the US law-enforcement authorities, and whereas the Commission, the Member States and some privacy protection authorities — particularly those which under national law have the power to block data transfers — have substantially colluded in infringing the legislation and the principle of legality,

| M. | whereas, in the global context of an Internet information society, solutions cannot be found within the EU only, |
| --- | --- |

M.

whereas, in the global context of an Internet information society, solutions cannot be found within the EU only,

on the need for a comprehensive and trans-pillar European privacy and data protection regime

| 1. | Criticises the extremely serious delays that have occurred within the Commission in this matter and urges it to propose within the first half of 2004, as announced, a ‘legal instrument‧ on the protection of privacy in the third pillar; this instrument should be binding in nature and aimed at guaranteeing in the third pillar the same level of data protection and privacy rights as in the first pillar; it should harmonise, in accordance with those high standards, the current rules on privacy and data protection concerning Europol, Eurojust and all other third-pillar organs and actions, as well as any exchange of data between them and with third countries and organisations; |
| --- | --- |

1.

Criticises the extremely serious delays that have occurred within the Commission in this matter and urges it to propose within the first half of 2004, as announced, a ‘legal instrument‧ on the protection of privacy in the third pillar; this instrument should be binding in nature and aimed at guaranteeing in the third pillar the same level of data protection and privacy rights as in the first pillar; it should harmonise, in accordance with those high standards, the current rules on privacy and data protection concerning Europol, Eurojust and all other third-pillar organs and actions, as well as any exchange of data between them and with third countries and organisations;

| 2. | Considers that, in the long term, Directive 95/46/EC should be applied, following the appropriate modifications, to all areas of EU activity, so as to guarantee a high standard of harmonised and common rules for privacy and data protection; |
| --- | --- |

2.

Considers that, in the long term, Directive 95/46/EC should be applied, following the appropriate modifications, to all areas of EU activity, so as to guarantee a high standard of harmonised and common rules for privacy and data protection;

| 3. | Believes that compliance with privacy and data protection rules should be guaranteed by national supervisory authorities, a common EU authority, to which citizens will have the right to appeal, and the Court of Justice; maintains that Parliament should also be consulted on, and have decision-making powers in respect of, all proposals concerning or having an impact on the protection of privacy within the EU, such as international agreements involving its bodies, adequacy findings and so on; |
| --- | --- |

3.

Believes that compliance with privacy and data protection rules should be guaranteed by national supervisory authorities, a common EU authority, to which citizens will have the right to appeal, and the Court of Justice; maintains that Parliament should also be consulted on, and have decision-making powers in respect of, all proposals concerning or having an impact on the protection of privacy within the EU, such as international agreements involving its bodies, adequacy findings and so on;

| 4. | Considers that immediate steps should be taken to facilitate enjoyment by citizens of their right to privacy and protection of their personal data (access to data, correction, amendment, deletion, etc.), involving the introduction of a single procedure for national privacy authorities regarding data stored in national and European databases coming under the first and third pillars; |
| --- | --- |

4.

Considers that immediate steps should be taken to facilitate enjoyment by citizens of their right to privacy and protection of their personal data (access to data, correction, amendment, deletion, etc.), involving the introduction of a single procedure for national privacy authorities regarding data stored in national and European databases coming under the first and third pillars;

| 5. | Welcomes the fact that the Commission has conducted an open and in-depth consultation and debate with all interested parties (Member State governments and supervisory authorities, organisations, companies, citizens), on-line and off-line, on the implementation of the directive, and takes note of the results of this consultation; |
| --- | --- |

5.

Welcomes the fact that the Commission has conducted an open and in-depth consultation and debate with all interested parties (Member State governments and supervisory authorities, organisations, companies, citizens), on-line and off-line, on the implementation of the directive, and takes note of the results of this consultation;

on the implementation of Data Protection Directive 95/46/EC

| 6. | Deplores the fact that some Member States did not implement the directive before the deadline for transposition of 24 October 1998, thereby obliging the Commission to take legal action on 11 January 2000 against France, Luxembourg, the Netherlands, Germany and Ireland, but notes that all Member States have now done so; calls on Ireland to immediately notify to the Commission its recent law of implementation; regrets the fact that the tardy implementation of the directive by the Member States and the continuing differences in the way in which it is applied at national level have prevented economic operators from drawing maximum benefit from it, and have blocked some cross-border activities within the European Union; |
| --- | --- |

6.

Deplores the fact that some Member States did not implement the directive before the deadline for transposition of 24 October 1998, thereby obliging the Commission to take legal action on 11 January 2000 against France, Luxembourg, the Netherlands, Germany and Ireland, but notes that all Member States have now done so; calls on Ireland to immediately notify to the Commission its recent law of implementation; regrets the fact that the tardy implementation of the directive by the Member States and the continuing differences in the way in which it is applied at national level have prevented economic operators from drawing maximum benefit from it, and have blocked some cross-border activities within the European Union;

| 7. | Calls on all the parties concerned, European institutions, Member States and data protection authorities, as well as economic and societal actors, to make their contribution and cooperate to ensure correct implementation of the data protection principles regulated by the directive; |
| --- | --- |

7.

Calls on all the parties concerned, European institutions, Member States and data protection authorities, as well as economic and societal actors, to make their contribution and cooperate to ensure correct implementation of the data protection principles regulated by the directive;

| 8. | Shares the view of the Commission that, since implementation of the directive has been slow and experience with it is still very limited, the directive should not be amended for the time being (except as indicated in paragraph 16), and that current shortcomings in the implementation of the directive should be overcome by actions taken at the European and national level by Member States and data protection authorities following the programme announced in the Commission's communication; |
| --- | --- |

8.

Shares the view of the Commission that, since implementation of the directive has been slow and experience with it is still very limited, the directive should not be amended for the time being (except as indicated in paragraph 16), and that current shortcomings in the implementation of the directive should be overcome by actions taken at the European and national level by Member States and data protection authorities following the programme announced in the Commission's communication;

| 9. | Points out that the completion of the internal market is conditional upon guaranteed data protection; accordingly, calls on the Commission to highlight the areas in which diverging interpretations of the directive are hampering the smooth operation of the internal market, and to report on this to the European Parliament; |
| --- | --- |

9.

Points out that the completion of the internal market is conditional upon guaranteed data protection; accordingly, calls on the Commission to highlight the areas in which diverging interpretations of the directive are hampering the smooth operation of the internal market, and to report on this to the European Parliament;

| 10. | Shares the Commission's view that, if after a deadline of six months this cooperation does not produce the results expected, it will bring those Member States failing or refusing to comply with the directive to Court; considers, in this connection, that the Commission should show particular vigilance and determination as regards the proper application of legal exceptions to privacy laws, so as to ensure compliance with the ECHR and the related case-law; |
| --- | --- |

10.

Shares the Commission's view that, if after a deadline of six months this cooperation does not produce the results expected, it will bring those Member States failing or refusing to comply with the directive to Court; considers, in this connection, that the Commission should show particular vigilance and determination as regards the proper application of legal exceptions to privacy laws, so as to ensure compliance with the ECHR and the related case-law;

on data transfers to third states or organisations

| 11. | Welcomes the intention of the Commission to simplify the regulatory framework for enterprises as regards requirements for international transfers of data; |
| --- | --- |

11.

Welcomes the intention of the Commission to simplify the regulatory framework for enterprises as regards requirements for international transfers of data;

| 12. | Recalls that no exception should be allowed to the principle that first-pillar-related data can be transferred to third countries and organisations only if their level of data protection is similar to that of the EU; |
| --- | --- |

12.

Recalls that no exception should be allowed to the principle that first-pillar-related data can be transferred to third countries and organisations only if their level of data protection is similar to that of the EU;

| 13. | Points out, notably to Europol, Eurojust and other third-pillar organs, that law enforcement-related data can only be transferred on a case-by-case basis to countries or organs that respect human rights and fundamental freedoms, democracy, the rule of law and European data protection standards, such as the data protection principles laid down by Council of Europe Recommendation R (87) 15 on the use of data of a personal nature in the police sector; asks, furthermore, to be consulted before — and receive reports after — such transfers take place; urges Europol and Eurojust to clarify and make available to citizens and to Parliament the necessary information on the exchange of data, whether personal or not, with third countries and organisations; |
| --- | --- |

13.

Points out, notably to Europol, Eurojust and other third-pillar organs, that law enforcement-related data can only be transferred on a case-by-case basis to countries or organs that respect human rights and fundamental freedoms, democracy, the rule of law and European data protection standards, such as the data protection principles laid down by Council of Europe Recommendation R (87) 15 on the use of data of a personal nature in the police sector; asks, furthermore, to be consulted before — and receive reports after — such transfers take place; urges Europol and Eurojust to clarify and make available to citizens and to Parliament the necessary information on the exchange of data, whether personal or not, with third countries and organisations;

| 14. | Reiterates that, as stated in the opinion of the Belgian Committee on the Protection of Privacy, the opinions of the Article 29 Working Party and the report of the EU network of experts on human rights, EU data protection standards are seriously infringed when personal data are, without informing and obtaining the consent of the data subject, transferred or accessed directly and systematically by a third state party or law-enforcement authority, notably when data are collected for another purpose and without judicial authorisation, as in the case of US authorities accessing transatlantic passenger data collected in the EU by airline companies and electronic reservation systems; |
| --- | --- |

14.

Reiterates that, as stated in the opinion of the Belgian Committee on the Protection of Privacy, the opinions of the Article 29 Working Party and the report of the EU network of experts on human rights, EU data protection standards are seriously infringed when personal data are, without informing and obtaining the consent of the data subject, transferred or accessed directly and systematically by a third state party or law-enforcement authority, notably when data are collected for another purpose and without judicial authorisation, as in the case of US authorities accessing transatlantic passenger data collected in the EU by airline companies and electronic reservation systems;

| 15. | Agrees with the Article 29 Working Party's opinion on the inadequacy of the current privacy arrangements in the United States and on the latest version of the Undertakings, as well as on the remaining problem areas; considers the progress made in this connection during a year of negotiations between the Commission and the US authorities to be totally inadequate; |
| --- | --- |

15.

Agrees with the Article 29 Working Party's opinion on the inadequacy of the current privacy arrangements in the United States and on the latest version of the Undertakings, as well as on the remaining problem areas; considers the progress made in this connection during a year of negotiations between the Commission and the US authorities to be totally inadequate;

| 16. | Proposes that the directive be amended so as to make the assessment of the adequacy of the protection provided for the personal data of European citizens by a third country to which such data are to be transferred subject to Parliament's approval; |
| --- | --- |

16.

Proposes that the directive be amended so as to make the assessment of the adequacy of the protection provided for the personal data of European citizens by a third country to which such data are to be transferred subject to Parliament's approval;

| 17. | Calls for the agreements currently being negotiated or already negotiated which entail the transmission of personal data between the EU and third countries or bodies to guarantee an adequate level of data protection and, in any case, to maintain the level guaranteed in Directive 95/46/EC; |
| --- | --- |

17.

Calls for the agreements currently being negotiated or already negotiated which entail the transmission of personal data between the EU and third countries or bodies to guarantee an adequate level of data protection and, in any case, to maintain the level guaranteed in Directive 95/46/EC;

on exceptions to privacy laws

| 18. | Believes that Member States' laws providing for the wide-scale retention of data related to citizens' communications for law-enforcement purposes are not in full conformity with the European Convention on Human Rights and the related case-law, since they constitute an interference with the right to privacy and fall short of the requirements of: being authorised by the judiciary on a case-by-case basis and for a limited duration, distinguishing between categories of people that could be subject to surveillance, respecting confidentiality of protected communications (such as lawyer-client communications), and specifying the nature of the crimes or the circumstances that authorise such an interference; believes, furthermore, that serious doubts arise as to their necessity within a democratic society and — as specified by Article 15 of Directive 2002/58/EC — as to their appropriateness and proportionality; |
| --- | --- |

18.

Believes that Member States' laws providing for the wide-scale retention of data related to citizens' communications for law-enforcement purposes are not in full conformity with the European Convention on Human Rights and the related case-law, since they constitute an interference with the right to privacy and fall short of the requirements of: being authorised by the judiciary on a case-by-case basis and for a limited duration, distinguishing between categories of people that could be subject to surveillance, respecting confidentiality of protected communications (such as lawyer-client communications), and specifying the nature of the crimes or the circumstances that authorise such an interference; believes, furthermore, that serious doubts arise as to their necessity within a democratic society and — as specified by Article 15 of Directive 2002/58/EC — as to their appropriateness and proportionality;

| 19. | Asks the Commission to produce a document on the right to privacy and the conditions for exceptions to be legal, on the basis of the European Convention on Human Rights, the related case-law and EU data protection directives and urges the EU institutions to launch an open and transparent debate on the basis of this document; |
| --- | --- |

19.

Asks the Commission to produce a document on the right to privacy and the conditions for exceptions to be legal, on the basis of the European Convention on Human Rights, the related case-law and EU data protection directives and urges the EU institutions to launch an open and transparent debate on the basis of this document;

other concerns

| 20. | Asks the Member States to respect the criteria of legal clarity and legal certainty so as to ensure better regulation when implementing the directive in order to avoid any unnecessary burden on enterprises and particularly on SMEs; |
| --- | --- |

20.

Asks the Member States to respect the criteria of legal clarity and legal certainty so as to ensure better regulation when implementing the directive in order to avoid any unnecessary burden on enterprises and particularly on SMEs;

| 21. | Stresses that the free movement of personal data is vital for the smooth operation of virtually all Union-wide economic activities; it is therefore necessary to resolve these differences of interpretation as soon as possible, to enable multinational organisations to frame pan-European data protection policies; |
| --- | --- |

21.

Stresses that the free movement of personal data is vital for the smooth operation of virtually all Union-wide economic activities; it is therefore necessary to resolve these differences of interpretation as soon as possible, to enable multinational organisations to frame pan-European data protection policies;

| 22. | Stresses the need for the Member States and the European institutions to adopt an equivalent level of protection of fundamental rights and protection of individuals in applying both Directive 95/46/EC and European Parliament and Council Regulation (EC) No 45/2001 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 (8); |
| --- | --- |

22.

Stresses the need for the Member States and the European institutions to adopt an equivalent level of protection of fundamental rights and protection of individuals in applying both Directive 95/46/EC and European Parliament and Council Regulation (EC) No 45/2001 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 (8);

| 23. | Calls on the Commission to adopt an approach seeking to harmonise this directive with other legislative provisions, such as the proposal for a European Parliament and Council directive for the approximation of laws, regulations and administrative provisions of the Member States concerning consumer credit, in order to avoid inconsistencies between such proposals; |
| --- | --- |

23.

Calls on the Commission to adopt an approach seeking to harmonise this directive with other legislative provisions, such as the proposal for a European Parliament and Council directive for the approximation of laws, regulations and administrative provisions of the Member States concerning consumer credit, in order to avoid inconsistencies between such proposals;

| 24. | Calls on Member States and supervisory authorities to create a less complex and burdensome environment for data controllers and agrees with the Commission on the need to avoid imposing requirements that could be dropped without any detrimental effects for the high level of protection guaranteed by the directive; |
| --- | --- |

24.

Calls on Member States and supervisory authorities to create a less complex and burdensome environment for data controllers and agrees with the Commission on the need to avoid imposing requirements that could be dropped without any detrimental effects for the high level of protection guaranteed by the directive;

| 25. | Stresses that the management and protection of data are nowadays a critical factor of success for companies; |
| --- | --- |

25.

Stresses that the management and protection of data are nowadays a critical factor of success for companies;

| 26. | Agrees with the Commission on the need for improvements to be made in order for economic operators to have a wider choice of standard contractual clauses in the field of data protection and that these should possibly be based on clauses submitted by business representative associations; |
| --- | --- |

26.

Agrees with the Commission on the need for improvements to be made in order for economic operators to have a wider choice of standard contractual clauses in the field of data protection and that these should possibly be based on clauses submitted by business representative associations;

| 27. | Calls on Member States to ensure that data protection authorities are provided with the necessary means to comply with the tasks provided for by Directive 95/46/EC, and that they are independent and autonomous from national governments; considers that data protection authorities should keep enhancing their efficiency and effectiveness and play a more active role at national and European level in the framework of the Article 29 Working Party, for instance in helping to implement the programme proposed by the Commission and in ensuring that the law is implemented; |
| --- | --- |

27.

Calls on Member States to ensure that data protection authorities are provided with the necessary means to comply with the tasks provided for by Directive 95/46/EC, and that they are independent and autonomous from national governments; considers that data protection authorities should keep enhancing their efficiency and effectiveness and play a more active role at national and European level in the framework of the Article 29 Working Party, for instance in helping to implement the programme proposed by the Commission and in ensuring that the law is implemented;

| 28. | Deplores that seven Member States — Belgium, Germany, Greece, France, Luxembourg, the Netherlands and Portugal — have not respected the deadline for implementation of Directive 2002/58/EC set for 31 October 2003, and calls on them to take the necessary measures; |
| --- | --- |

28.

Deplores that seven Member States — Belgium, Germany, Greece, France, Luxembourg, the Netherlands and Portugal — have not respected the deadline for implementation of Directive 2002/58/EC set for 31 October 2003, and calls on them to take the necessary measures;

| 29. | Calls on the Commission, the Member States and national privacy authorities to carry out annual assessments of compliance with national and international privacy laws, irrespective of the pillar concerned, and, where appropriate, to submit amendments to legislation, to forward these amendments to the relevant bodies — particularly parliamentary bodies — and to make them publicly available, inter alia on the Internet; |
| --- | --- |

29.

Calls on the Commission, the Member States and national privacy authorities to carry out annual assessments of compliance with national and international privacy laws, irrespective of the pillar concerned, and, where appropriate, to submit amendments to legislation, to forward these amendments to the relevant bodies — particularly parliamentary bodies — and to make them publicly available, inter alia on the Internet;

| 30. | Expresses concern at the development of SIS and the Council plans under which SIS II should allow new categories of alerts (persons and objects) and new sectors to be added, alerts to be inter-linked, the period during which alerts may be stored to be changed, biometric data (especially photographs and fingerprints) to be registered and transferred, and access to be provided to new authorities, namely Europol, Eurojust and national judicial authorities, where necessary, for purposes other than those originally laid down, such as the service of European arrest warrants; deplores, furthermore, the legal confusion created by the fact that SIS covers both first and third pillar matters, with different levels of privacy protection; |
| --- | --- |

30.

Expresses concern at the development of SIS and the Council plans under which SIS II should allow new categories of alerts (persons and objects) and new sectors to be added, alerts to be inter-linked, the period during which alerts may be stored to be changed, biometric data (especially photographs and fingerprints) to be registered and transferred, and access to be provided to new authorities, namely Europol, Eurojust and national judicial authorities, where necessary, for purposes other than those originally laid down, such as the service of European arrest warrants; deplores, furthermore, the legal confusion created by the fact that SIS covers both first and third pillar matters, with different levels of privacy protection;

| 31. | Expresses concern at the general approach taken by the Council to proposals seeking to incorporate biometric data (digital photographs and fingerprints) into visas and residence permits using an electronic chip, particularly because such data can easily be copied into centralised databases when checks are carried out; is concerned that new developments in the field of data protection, such as the possible use of biometrics, will put more demands on the supervisory authorities that are currently ‘under-resourced for their wide range of tasks‧ (COM(2003) 265); calls on the Member States to make additional resources available for the data protection supervisory authorities to ensure the effective functioning of the system; |
| --- | --- |

31.

Expresses concern at the general approach taken by the Council to proposals seeking to incorporate biometric data (digital photographs and fingerprints) into visas and residence permits using an electronic chip, particularly because such data can easily be copied into centralised databases when checks are carried out; is concerned that new developments in the field of data protection, such as the possible use of biometrics, will put more demands on the supervisory authorities that are currently ‘under-resourced for their wide range of tasks‧ (COM(2003) 265); calls on the Member States to make additional resources available for the data protection supervisory authorities to ensure the effective functioning of the system;

| 32. | Calls on the Member States and national and European authorities to ensure that privacy legislation is not misused for the purposes or with the result of undermining the right of access to documents, administrative transparency and institutional advertising, or to make it excessively difficult for individuals to exercise their ‘right to be known‧; calls on the Commission to submit a report, on the basis of an opinion of the Article 29 Working Party, on this type of abusive conduct and to put forward guidelines and, where appropriate, legislative measures with a view to guarding against such practices; |
| --- | --- |

32.

Calls on the Member States and national and European authorities to ensure that privacy legislation is not misused for the purposes or with the result of undermining the right of access to documents, administrative transparency and institutional advertising, or to make it excessively difficult for individuals to exercise their ‘right to be known‧; calls on the Commission to submit a report, on the basis of an opinion of the Article 29 Working Party, on this type of abusive conduct and to put forward guidelines and, where appropriate, legislative measures with a view to guarding against such practices;

| 33. | Calls on the Commission to continue to monitor the issue of video surveillance, not least in the light of national judicial rulings, and awaits the submission of the proposal on the protection of privacy at the workplace, of which advance notice has been given; |
| --- | --- |

33.

Calls on the Commission to continue to monitor the issue of video surveillance, not least in the light of national judicial rulings, and awaits the submission of the proposal on the protection of privacy at the workplace, of which advance notice has been given;

| 34. | Urges Eurojust to state exactly which national and European provisions it has been and is implementing, given that there is much confusion and some serious doubts surrounding this matter; |
| --- | --- |

34.

Urges Eurojust to state exactly which national and European provisions it has been and is implementing, given that there is much confusion and some serious doubts surrounding this matter;

| 35. | Believes that self-regulation is a good means of avoiding excessively detailed legislation and calls on the business community to create a European code of conduct on personal data protection; |
| --- | --- |

35.

Believes that self-regulation is a good means of avoiding excessively detailed legislation and calls on the business community to create a European code of conduct on personal data protection;

| 36. | Asks for an additional effort towards internationally agreed principles to be made at the national, European and international level in order to improve the application of OECD guidelines and the Council of Europe Convention; |
| --- | --- |

36.

Asks for an additional effort towards internationally agreed principles to be made at the national, European and international level in order to improve the application of OECD guidelines and the Council of Europe Convention;

| 37. | Points out that privacy and personal data protection should be part of the educational curriculum related to computers and the Internet; asks the Member States and the Commission to promote citizens' awareness in the field of data protection rights; |
| --- | --- |

37.

Points out that privacy and personal data protection should be part of the educational curriculum related to computers and the Internet; asks the Member States and the Commission to promote citizens' awareness in the field of data protection rights;

*

- *

| 38. | Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, the national privacy authorities, Europol and Eurojust and the United States Government. |
| --- | --- |

38.

Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, the national privacy authorities, Europol and Eurojust and the United States Government.

---

(1)  ETS No 005.

(2)  ETS No 108.

(3)  OJ L 281, 23.11.1995, p. 31.

(4)  OJ L 201, 31.7.2002, p. 37.

(5)  See Verbatim Report of Proceedings, sitting of Wednesday, 19 November 2003.

(6)  OJ L 220, 29.7.1989, p. 1.

(7)  Joined cases C-465/00, C-138/01 and C-139/01, ECR I-4989.

(8)  OJ L 8, 12.1.2001, p. 1.

P5_TA(2004)0142

The rights of prisoners in the European Union

European Parliament recommendation to the Council on the rights of prisoners in the European Union (2003/2188(INI))

The European Parliament,

| — | having regard to the proposal for a recommendation to the Council by Marco Cappato and Giuseppe Di Lello Finuoli on behalf of the GUE/NGL Group on the rights of prisoners in the European Union (B5-0362/2003/rev.), |
| --- | --- |

—

having regard to the proposal for a recommendation to the Council by Marco Cappato and Giuseppe Di Lello Finuoli on behalf of the GUE/NGL Group on the rights of prisoners in the European Union (B5-0362/2003/rev.),

| — | having regard to the European Union instruments dealing with the protection of human rights, in particular Articles 6 and 7 of the Treaty on European Union, the Charter of Fundamental Rights of the European Union, in particular Article 4 thereof, and the draft European Constitution, which would make that Charter binding, |
| --- | --- |

—

having regard to the European Union instruments dealing with the protection of human rights, in particular Articles 6 and 7 of the Treaty on European Union, the Charter of Fundamental Rights of the European Union, in particular Article 4 thereof, and the draft European Constitution, which would make that Charter binding,

| — | having regard to the international instruments dealing with human rights and banning torture and inhuman or degrading punishment or treatment, in particular the Universal Declaration of Human Rights (Article 5), the International Pact on Civil and Political Rights (Article 7), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol to that Convention on the establishment of a system of regular visits by independent international and national bodies to places of detention, |
| --- | --- |

—

having regard to the international instruments dealing with human rights and banning torture and inhuman or degrading punishment or treatment, in particular the Universal Declaration of Human Rights (Article 5), the International Pact on Civil and Political Rights (Article 7), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol to that Convention on the establishment of a system of regular visits by independent international and national bodies to places of detention,

| — | having regard to the Council of Europe instruments dealing with human rights and the prohibition of torture and inhuman or degrading punishment or treatment, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3), the protocols to that Convention and the case-law of the European Court of Human Rights, the 1987 European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, which established the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and the CPT's reports, |
| --- | --- |

—

having regard to the Council of Europe instruments dealing with human rights and the prohibition of torture and inhuman or degrading punishment or treatment, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 3), the protocols to that Convention and the case-law of the European Court of Human Rights, the 1987 European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, which established the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and the CPT's reports,

| — | having regard to the instruments which deal more specifically with the rights of persons who have been deprived of their liberty, in particular: at United Nations level, the standard minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; at Council of Europe level, Resolution (73)5 on standard minimum rules for the treatment of prisoners, Recommendation R(87)3 on European prison rules, the other recommendations adopted by the Committee of Ministers (1) and the recommendations adopted by the Parliamentary Assembly, |
| --- | --- |

—

having regard to the instruments which deal more specifically with the rights of persons who have been deprived of their liberty, in particular: at United Nations level, the standard minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; at Council of Europe level, Resolution (73)5 on standard minimum rules for the treatment of prisoners, Recommendation R(87)3 on European prison rules, the other recommendations adopted by the Committee of Ministers (1) and the recommendations adopted by the Parliamentary Assembly,

| — | having regard to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (which were adopted by the General Assembly in its Resolution 45/113 of 14 December 1990) and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), which were adopted by the General Assembly in its Resolution 40/33 of 29 November 1985, |
| --- | --- |

—

having regard to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (which were adopted by the General Assembly in its Resolution 45/113 of 14 December 1990) and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), which were adopted by the General Assembly in its Resolution 40/33 of 29 November 1985,

| — | having regard to its annual resolutions on respect for human rights in the European Union, its resolution of 18 January 1996 on poor conditions in prisons in the European Union (2), and its resolution of 17 December 1998 on prison conditions in the European Union: improvements and alternative penalties (3), |
| --- | --- |

—

having regard to its annual resolutions on respect for human rights in the European Union, its resolution of 18 January 1996 on poor conditions in prisons in the European Union (2), and its resolution of 17 December 1998 on prison conditions in the European Union: improvements and alternative penalties (3),

| — | having regard to its repeated calls to the Commission and Council to propose a framework decision on the rights of prisoners (4), |
| --- | --- |

—

having regard to its repeated calls to the Commission and Council to propose a framework decision on the rights of prisoners (4),

| — | having regard to the Council resolution on the treatment of drug addicts in prison and the Council Recommendation of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence (5), |
| --- | --- |

—

having regard to the Council resolution on the treatment of drug addicts in prison and the Council Recommendation of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence (5),

| — | having regard to the report of the EU Network of Independent Experts in Fundamental Rights on the situation of fundamental rights in the EU and its Member States in 2002, |
| --- | --- |

—

having regard to the report of the EU Network of Independent Experts in Fundamental Rights on the situation of fundamental rights in the EU and its Member States in 2002,

| — | having regard to Rule 49(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 49(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0094/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0094/2004),

| A. | whereas the European Union has set itself the task of developing an area of freedom, security and justice, and whereas, pursuant to Article 6 of the Treaty on European Union, it respects human rights and fundamental freedoms, thereby taking on positive obligations which it must meet in order to honour that commitment, |
| --- | --- |

A.

whereas the European Union has set itself the task of developing an area of freedom, security and justice, and whereas, pursuant to Article 6 of the Treaty on European Union, it respects human rights and fundamental freedoms, thereby taking on positive obligations which it must meet in order to honour that commitment,

| B. | whereas the application of the principle of the mutual recognition of criminal law decisions and the entry into force of the European arrest warrant have created an urgent need for additional measures in the area of the effective protection of human rights and fundamental freedoms, in particular in the light of the fact that the number of Member State nationals held in another Member State may rise as a result, |
| --- | --- |

B.

whereas the application of the principle of the mutual recognition of criminal law decisions and the entry into force of the European arrest warrant have created an urgent need for additional measures in the area of the effective protection of human rights and fundamental freedoms, in particular in the light of the fact that the number of Member State nationals held in another Member State may rise as a result,

| C. | whereas, according to Council of Europe statistics, on 1 September 2002 a total of 539 436 persons were being held in prison in the enlarged European Union, statistics which paint an alarming picture:






  — | overcrowding; |
| --- | --- | --- |

C.

whereas, according to Council of Europe statistics, on 1 September 2002 a total of 539 436 persons were being held in prison in the enlarged European Union, statistics which paint an alarming picture:

—

overcrowding;

| — | excessive increase in the prison population; |
| --- | --- |

—

excessive increase in the prison population;

| — | rise in the number of foreign nationals being held; |
| --- | --- |

—

rise in the number of foreign nationals being held;

| — | high numbers of remand prisoners; |
| --- | --- |

—

high numbers of remand prisoners;

| — | numerous cases of death and suicide, |
| --- | --- |

—

numerous cases of death and suicide,

| D. | whereas the CPT's reports draw attention to the persistence of certain serious problems, such as illtreatment and the unsuitability of prison facilities, activities and health care, |
| --- | --- |

D.

whereas the CPT's reports draw attention to the persistence of certain serious problems, such as illtreatment and the unsuitability of prison facilities, activities and health care,

| E. | whereas Article 3 of the European Convention on Human Rights and the case-law of the European Court of Human Rights impose on the Member States not only negative obligations, by banning them from subjecting prisoners to inhuman and degrading treatment, but also positive obligations, by requiring them to ensure that prison conditions are consistent with human dignity and that thorough, effective investigations are carried out if such rights are violated, |
| --- | --- |

E.

whereas Article 3 of the European Convention on Human Rights and the case-law of the European Court of Human Rights impose on the Member States not only negative obligations, by banning them from subjecting prisoners to inhuman and degrading treatment, but also positive obligations, by requiring them to ensure that prison conditions are consistent with human dignity and that thorough, effective investigations are carried out if such rights are violated,

| F. | whereas the Council of Europe is in the process of revising its European Prison Rules, and whereas a proposal on the drafting of a European Prisons Charter has been put forward in the Parliamentary Assembly by Michel Hunault, rapporteur on the situation of European prisons and pre-trial detention centres, |
| --- | --- |

F.

whereas the Council of Europe is in the process of revising its European Prison Rules, and whereas a proposal on the drafting of a European Prisons Charter has been put forward in the Parliamentary Assembly by Michel Hunault, rapporteur on the situation of European prisons and pre-trial detention centres,

| G. | whereas only eight EU Member States and accession countries (Austria, Denmark, Spain, Finland, Italy, Malta, Sweden and the United Kingdom) have signed the Optional Protocol to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and whereas only three (Spain, Malta and the United Kingdom) have ratified it, |
| --- | --- |

G.

whereas only eight EU Member States and accession countries (Austria, Denmark, Spain, Finland, Italy, Malta, Sweden and the United Kingdom) have signed the Optional Protocol to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and whereas only three (Spain, Malta and the United Kingdom) have ratified it,

| H. | whereas some Member States grant national MPs and MEPs the right to visit and inspect prisons, and whereas it has called for that right to be granted to MEPs throughout the territory of the EU (6), |
| --- | --- |

H.

whereas some Member States grant national MPs and MEPs the right to visit and inspect prisons, and whereas it has called for that right to be granted to MEPs throughout the territory of the EU (6),

| I. | whereas one of the problems to which Member States frequently draw attention is the lack of resources available to improve prisons, and whereas it may be necessary to create a budget heading with a view to encouraging them to comply with high standards and the CPT's recommendations, |
| --- | --- |

I.

whereas one of the problems to which Member States frequently draw attention is the lack of resources available to improve prisons, and whereas it may be necessary to create a budget heading with a view to encouraging them to comply with high standards and the CPT's recommendations,

| J. | whereas providing decent conditions for prisoners and granting them access to schemes designed to prepare them for a return to society help to reduce the likelihood that they will re-offend, |
| --- | --- |

J.

whereas providing decent conditions for prisoners and granting them access to schemes designed to prepare them for a return to society help to reduce the likelihood that they will re-offend,

| K. | having regard to the existence of special prison regimes, whether legal or de facto, and pointing out that the CPT has expressed concern at the Italian regime known as 41 bis, that the European Court of Human Rights has ruled against Italy on account of the length of time which it has taken the Supervisory Court to consider the appeals lodged by a prisoner, and that in its report on 2002 the EU Network of Independent Experts in Fundamental Rights stated that ‘insofar as this exceptional regime comprises ... measures that bear no relation whatsoever to the objective of security, we may question its compatibility with the approach advocated by the CPT‧, |
| --- | --- |

K.

having regard to the existence of special prison regimes, whether legal or de facto, and pointing out that the CPT has expressed concern at the Italian regime known as 41 bis, that the European Court of Human Rights has ruled against Italy on account of the length of time which it has taken the Supervisory Court to consider the appeals lodged by a prisoner, and that in its report on 2002 the EU Network of Independent Experts in Fundamental Rights stated that ‘insofar as this exceptional regime comprises ... measures that bear no relation whatsoever to the objective of security, we may question its compatibility with the approach advocated by the CPT‧,

| L. | whereas the situation in ‘residence centres for foreigners‧ is extremely alarming, as has recently been reported by Médecins sans Frontières in the case of Italy, for example, and whereas asylum-seekers' rights to legal assistance and healthcare are being violated, |
| --- | --- |

L.

whereas the situation in ‘residence centres for foreigners‧ is extremely alarming, as has recently been reported by Médecins sans Frontières in the case of Italy, for example, and whereas asylum-seekers' rights to legal assistance and healthcare are being violated,

| M. | whereas the Member States have given an undertaking in the Council of Europe to extend the use of penalties which offer an alternative to prison and imprisonment, |
| --- | --- |

M.

whereas the Member States have given an undertaking in the Council of Europe to extend the use of penalties which offer an alternative to prison and imprisonment,

| N. | whereas the Council has adopted resolutions and recommendations (which are not always implemented by the Member States) concerning the specific problem of drug dependence and the reduction of the related risks, dealing in particular with the treatment of drug dependence in prison or outside, |
| --- | --- |

N.

whereas the Council has adopted resolutions and recommendations (which are not always implemented by the Member States) concerning the specific problem of drug dependence and the reduction of the related risks, dealing in particular with the treatment of drug dependence in prison or outside,

| O. | whereas, under the Italian Presidency, the Council launched an initiative on prisons, |
| --- | --- |

O.

whereas, under the Italian Presidency, the Council launched an initiative on prisons,

| 1. | Addresses the following recommendations to the Council:






  (a) | continue its activities on matters relating to prisoners, in particular by coordinating a joint position to which the Member States and accession countries can subscribe and by encouraging the Council of Europe to revise its European Prison Rules, incorporating a higher degree of protection on the basis of the principles drawn up by the CPT and the European Court of Human Rights; |
| --- | --- | --- |

1.

Addresses the following recommendations to the Council:

(a)

continue its activities on matters relating to prisoners, in particular by coordinating a joint position to which the Member States and accession countries can subscribe and by encouraging the Council of Europe to revise its European Prison Rules, incorporating a higher degree of protection on the basis of the principles drawn up by the CPT and the European Court of Human Rights;

| (b) | encourage, on the basis of a joint contribution subscribed to by all the EU Member States, the drafting of a European Prisons Charter covering all the Council of Europe's Member States; |
| --- | --- |

(b)

encourage, on the basis of a joint contribution subscribed to by all the EU Member States, the drafting of a European Prisons Charter covering all the Council of Europe's Member States;

| (c) | work to ensure that such a Charter incorporates detailed rules, binding on the Member States, concerning:






  — | a prisoner's right to have access to a lawyer, to healthcare and to notify a third person that he or she has been detained; |
| --- | --- | --- |

(c)

work to ensure that such a Charter incorporates detailed rules, binding on the Member States, concerning:

—

a prisoner's right to have access to a lawyer, to healthcare and to notify a third person that he or she has been detained;

| — | the right to physical and mental safety, in particular protection against violence committed by fellow prisoners and the prevention of suicide; |
| --- | --- |

—

the right to physical and mental safety, in particular protection against violence committed by fellow prisoners and the prevention of suicide;

| — | prison conditions: health, accommodation, cleanliness, ventilation, light, food; |
| --- | --- |

—

prison conditions: health, accommodation, cleanliness, ventilation, light, food;

| — | the right of access to internal and, if necessary, external medical services; |
| --- | --- |

—

the right of access to internal and, if necessary, external medical services;

| — | re-education, training, rehabilitation and reintegration into society and the workforce, in particular through the provision of information to prisoners concerning the resources available to help them prepare for such reintegration; |
| --- | --- |

—

re-education, training, rehabilitation and reintegration into society and the workforce, in particular through the provision of information to prisoners concerning the resources available to help them prepare for such reintegration;

| — | the separation of categories of detained persons: juveniles, persons on remand, convicted criminals; |
| --- | --- |

—

the separation of categories of detained persons: juveniles, persons on remand, convicted criminals;

| — | specific measures concerning vulnerable groups: juveniles, women, persons with psychiatric or physical problems, the sick, the elderly, persons likely to commit suicide, drug addicts, foreigners, asylum-seekers, etc.; |
| --- | --- |

—

specific measures concerning vulnerable groups: juveniles, women, persons with psychiatric or physical problems, the sick, the elderly, persons likely to commit suicide, drug addicts, foreigners, asylum-seekers, etc.;

| — | special protection for juveniles by means of:






  — | the provision that imprisonment is a last resort to be turned to when all other alternatives have been exhausted, |
| --- | --- | --- |

—

special protection for juveniles by means of:

—

the provision that imprisonment is a last resort to be turned to when all other alternatives have been exhausted,

| — | supervisory staff trained to deal with the challenges of working with the age group concerned and with that group's specific needs, |
| --- | --- |

—

supervisory staff trained to deal with the challenges of working with the age group concerned and with that group's specific needs,

| — | an appropriate multidisciplinary activity programme combining sport, education and technical and vocational training, and focusing on skills which will facilitate social reintegration following release, |
| --- | --- |

—

an appropriate multidisciplinary activity programme combining sport, education and technical and vocational training, and focusing on skills which will facilitate social reintegration following release,

| — | fair treatment for both men and women in terms of access to activities whilst in prison, pursuant to Rule 26.4 of the Beijing Rules; |
| --- | --- |

—

fair treatment for both men and women in terms of access to activities whilst in prison, pursuant to Rule 26.4 of the Beijing Rules;

| — | the protection of women by means of:






  — | physical separation from men, |
| --- | --- | --- |

—

the protection of women by means of:

—

physical separation from men,

| — | female supervisory staff or, if that proves physically impossible, a mixed supervisory staff as a minimum requirement, |
| --- | --- |

—

female supervisory staff or, if that proves physically impossible, a mixed supervisory staff as a minimum requirement,

| — | an appropriate response to women's specific health and hygiene needs, including screening for breast cancer and cervical cancer; |
| --- | --- |

—

an appropriate response to women's specific health and hygiene needs, including screening for breast cancer and cervical cancer;

| — | special protection for pregnant women and for the mothers of young children by means of:






  — | a diet suitable for pregnancy, |
| --- | --- | --- |

—

special protection for pregnant women and for the mothers of young children by means of:

—

a diet suitable for pregnancy,

| — | gynaecological examinations and labour taking place without handcuffs or any other form of restraint, |
| --- | --- |

—

gynaecological examinations and labour taking place without handcuffs or any other form of restraint,

| — | babies to be born outside prison, |
| --- | --- |

—

babies to be born outside prison,

| — | prison accommodation for mothers and their young children which does not reflect the prison world and which is geared to children's needs; |
| --- | --- |

—

prison accommodation for mothers and their young children which does not reflect the prison world and which is geared to children's needs;

| — | visiting rights for relatives, friends and third parties: |
| --- | --- |

—

visiting rights for relatives, friends and third parties:

| — | the right to an emotional and sex life, for which suitable arrangements must be made and areas provided; |
| --- | --- |

—

the right to an emotional and sex life, for which suitable arrangements must be made and areas provided;

| — | the provision of visiting rooms enabling families to be reunited — in particular areas equipped for activities involving imprisoned parents and their children; |
| --- | --- |

—

the provision of visiting rooms enabling families to be reunited — in particular areas equipped for activities involving imprisoned parents and their children;

| — | an effective right of appeal to enable prisoners to uphold their rights in the face of arbitrary punishment or treatment; |
| --- | --- |

—

an effective right of appeal to enable prisoners to uphold their rights in the face of arbitrary punishment or treatment;

| — | special security regimes; |
| --- | --- |

—

special security regimes;

| — | the greatest possible use of open or semi-open prisons and the promotion of measures which offer an alternative to imprisonment such as, in particular, community service; |
| --- | --- |

—

the greatest possible use of open or semi-open prisons and the promotion of measures which offer an alternative to imprisonment such as, in particular, community service;

| — | the provision of information to prisoners concerning their rights, also to be made available on paper and in a language which the prisoner understands; |
| --- | --- |

—

the provision of information to prisoners concerning their rights, also to be made available on paper and in a language which the prisoner understands;

| — | training for prison staff and law-enforcement officers; |
| --- | --- |

—

training for prison staff and law-enforcement officers;

| (d) | declare that should this exercise not be completed in the near future, or should the outcome prove unsatisfactory, the European Union will draw up a Charter of the rights of persons deprived of their liberty which is binding on the Member States and which can be invoked before the Court of Justice; |
| --- | --- |

(d)

declare that should this exercise not be completed in the near future, or should the outcome prove unsatisfactory, the European Union will draw up a Charter of the rights of persons deprived of their liberty which is binding on the Member States and which can be invoked before the Court of Justice;

| (e) | urge the Member States and accession countries to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which establishes a system of regular visits by independent international and national bodies to places of detention and which confers on those bodies the task of inspecting prisons and hearing appeals by prisoners and of drawing up a public annual report for the relevant parliaments, and encourage the European Union to incorporate a call to sign and ratify the Optional Protocol into its policy vis-à-vis third countries; |
| --- | --- |

(e)

urge the Member States and accession countries to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which establishes a system of regular visits by independent international and national bodies to places of detention and which confers on those bodies the task of inspecting prisons and hearing appeals by prisoners and of drawing up a public annual report for the relevant parliaments, and encourage the European Union to incorporate a call to sign and ratify the Optional Protocol into its policy vis-à-vis third countries;

| (f) | take measures at Union level so that national MPs are guaranteed the right to visit and inspect prisons and this right is likewise granted to MEPs on the territory of the EU; |
| --- | --- |

(f)

take measures at Union level so that national MPs are guaranteed the right to visit and inspect prisons and this right is likewise granted to MEPs on the territory of the EU;

| (g) | urge the Member States to take action designed to prevent prison suicides and to carry out impartial investigations systematically in cases where a prisoner dies in prison; |
| --- | --- |

(g)

urge the Member States to take action designed to prevent prison suicides and to carry out impartial investigations systematically in cases where a prisoner dies in prison;

| (h) | initiate an assessment of the laws of the Member States in order to verify that they are consistent with the standards established by the Council of Europe, the CPT, the European Court of Human Rights and its relevant case-law and the observations of the UN Human Rights Committee, Committee against Torture and Special Rapporteur on Torture, and guarantee that the laws in question are actually applied; |
| --- | --- |

(h)

initiate an assessment of the laws of the Member States in order to verify that they are consistent with the standards established by the Council of Europe, the CPT, the European Court of Human Rights and its relevant case-law and the observations of the UN Human Rights Committee, Committee against Torture and Special Rapporteur on Torture, and guarantee that the laws in question are actually applied;

| (i) | call on the Member States to earmark appropriate resources for the restructuring and modernisation of detention centres and to provide the police and prison staff with training concerning prisoners' rights and the monitoring of prisoners suffering from psychological disorders, and create a specific EU budget heading with a view to encouraging such projects; |
| --- | --- |

(i)

call on the Member States to earmark appropriate resources for the restructuring and modernisation of detention centres and to provide the police and prison staff with training concerning prisoners' rights and the monitoring of prisoners suffering from psychological disorders, and create a specific EU budget heading with a view to encouraging such projects;

| (j) | call on the CPT and the Council of Europe's Human Rights Commissioner to conduct a series of unannounced visits in Member States which have established special regimes, whether legal or de facto, including residence of centres for foreigners, and call on the EU Network of Independent Experts in Fundamental Rights to draw up an analysis of the compatibility of such regimes with fundamental rights and freedoms; |
| --- | --- |

(j)

call on the CPT and the Council of Europe's Human Rights Commissioner to conduct a series of unannounced visits in Member States which have established special regimes, whether legal or de facto, including residence of centres for foreigners, and call on the EU Network of Independent Experts in Fundamental Rights to draw up an analysis of the compatibility of such regimes with fundamental rights and freedoms;

| (k) | remind the Member States of the undertakings they have given in the Council of Europe to make greater use of penalties which offer an alternative to imprisonment, and urge them to step up their efforts in both the legislative and judicial spheres; |
| --- | --- |

(k)

remind the Member States of the undertakings they have given in the Council of Europe to make greater use of penalties which offer an alternative to imprisonment, and urge them to step up their efforts in both the legislative and judicial spheres;

| 2. | Instructs its President to forward this recommendation to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Council of Europe Parliamentary Assembly, the Council of Europe Commissioner for Human Rights, the European Committee for the Prevention of Torture, the European Court of Human Rights, the UN Committee on Human Rights, the UN Committee against Torture, the UN Special Rapporteur on Torture and the UN High Commissioner for Human Rights. |
| --- | --- |

2.

Instructs its President to forward this recommendation to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Council of Europe Parliamentary Assembly, the Council of Europe Commissioner for Human Rights, the European Committee for the Prevention of Torture, the European Court of Human Rights, the UN Committee on Human Rights, the UN Committee against Torture, the UN Special Rapporteur on Torture and the UN High Commissioner for Human Rights.

---

(1)  For an exhaustive list of the Council of Europe's recommendations and resolutions in the penal sphere: http://www.coe.int/T/F/Affaires_juridiques/Coopération_juridique/Emprisonnement_et_alternatives/Instruments_ juridiques/Liste_instruments.asp#TopOfPage

(2)  OJ C 32, 5.2.1996, p.102.

(3)  OJ C 98, 9.4.1999, p.299.

(4)  See its recommendation of 6 November 2003 to the Council on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union, paragraph 23: ‘Urges the Council and Commission to speed up the investigation on the condition of prisoners and of prisons in the EU, with a view to adopting a framework directive on prisoners‧ rights and common minimum standards to guarantee such rights on the basis of Article 6 TEU' (P5_TA (2003)0484); and its resolution of 4 September 2003 on the situation as regards fundamental rights in the European Union (2002), paragraph 22: ‘Considers, at a general level, that efforts must also be made in a European area of freedom, security and justice to mobilise European capacities to improve the operation of the police and prison system, for example ... by drawing up a framework decision on minimum standards to protect the rights of prisoners in the EU‧. (P5 _TA(2003)0376).

(5)  OJ L 165, 3.7.2003, p. 31.

(6)  See, for example, paragraph 41 of its abovementioned resolution of 17 December 1998: ‘Calls for Members of the European Parliament to have right to visit and inspect prisons and detention centres for refugees on the territory of the European Union‧.

P5_TA(2004)0143

Daphne II ***II

European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council decision adopting a programme of Community action (2004-2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (13816/1/2003 — C5-0599/2003 — 2003/0025(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (13816/1/2003 — C5-0599/2003), |
| --- | --- |

—

having regard to the Council common position (13816/1/2003 — C5-0599/2003),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003) 54) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003) 54) (2),

| — | having regard to the amended proposal (COM(2003) 616) (3), |
| --- | --- |

—

having regard to the amended proposal (COM(2003) 616) (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 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 Women's Rights and Equal Opportunities (A5-0083/2004), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Women's Rights and Equal Opportunities (A5-0083/2004),

| 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)  Texts Adopted, 3.9.2003, P5_TA(2003)0366.

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

P5_TC2-COD(2003)0025

Position of the European Parliament adopted at second reading on 9 March 2004 with a view to the adoption of European Parliament and Council Decision .../2004/EC adopting a programme of Community action (2004-2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the DAPHNE II programme)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

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

Whereas:

| (1) | Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship. |
| --- | --- |

(1)

Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a genuine health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

| (2) | It is important and necessary to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole. |
| --- | --- |

(2)

It is important and necessary to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

| (3) | According to the World Health Organisation's definition, health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. A World Health Assembly resolution adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading worldwide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention. |
| --- | --- |

(3)

According to the World Health Organisation's definition, health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. A World Health Assembly resolution adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading worldwide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention.

| (4) | These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the Community. Indeed, Article 3(1)(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection. |
| --- | --- |

(4)

These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the Community. Indeed, Article 3(1)(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection.

| (5) | The Charter of Fundamental Rights of the European Union (4) reaffirms inter alia the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour. |
| --- | --- |

(5)

The Charter of Fundamental Rights of the European Union (4) reaffirms inter alia the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour.

| (6) | The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament. ‘For further actions in the fight against trafficking in women‧ (5), and of 20 September 2001 on female genital mutilation (6). |
| --- | --- |

(6)

The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament. ‘For further actions in the fight against trafficking in women‧ (5), and of 20 September 2001 on female genital mutilation (6).

| (7) | The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (7), has helped increase awareness within the European Union and increase and consolidate cooperation between organisations in the Member States active in combating violence. |
| --- | --- |

(7)

The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (7), has helped increase awareness within the European Union and increase and consolidate cooperation between organisations in the Member States active in combating violence.

| (8) | The Daphne programme has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. This programme has already substantially contributed to the development of EU policy on combating violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme. |
| --- | --- |

(8)

The Daphne programme has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. This programme has already substantially contributed to the development of EU policy on combating violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme.

| (9) | In its Resolution of 4 September 2002 on the mid-term review of the Daphne programme (8), the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding. |
| --- | --- |

(9)

In its Resolution of 4 September 2002 on the mid-term review of the Daphne programme (8), the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding.

| (10) | It is desirable to ensure continuity for the projects supported by the Daphne programme to carry on building on the experiences gained and to provide opportunities to promote the European added value stemming from these experiences and, to this end, it is necessary to establish a second phase of the programme, hereinafter referred to as the ‘Daphne II programme‧. |
| --- | --- |

(10)

It is desirable to ensure continuity for the projects supported by the Daphne programme to carry on building on the experiences gained and to provide opportunities to promote the European added value stemming from these experiences and, to this end, it is necessary to establish a second phase of the programme, hereinafter referred to as the ‘Daphne II programme‧.

| (11) | The Community can bring added value to the actions predominantly to be undertaken by Member States concerning the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all parties concerned. These actions should also encompass children and women brought to the Member States through human trafficking. The Community can also identify and stimulate good practice. |
| --- | --- |

(11)

The Community can bring added value to the actions predominantly to be undertaken by Member States concerning the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all parties concerned. These actions should also encompass children and women brought to the Member States through human trafficking. The Community can also identify and stimulate good practice.

| (12) | The Daphne II programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws, sanctions and the results achieved. In order to achieve the objectives of this programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater Community added value and show the way towards trying out and disseminating innovative ideas to prevent and combat violence, in the context of a multidisciplinary approach. |
| --- | --- |

(12)

The Daphne II programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws, sanctions and the results achieved. In order to achieve the objectives of this programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater Community added value and show the way towards trying out and disseminating innovative ideas to prevent and combat violence, in the context of a multidisciplinary approach.

| (13) | Since the objectives of the proposed action, namely to prevent and combat all forms of violence against children, young people and women cannot be sufficiently achieved by the Member States and can therefore, due to the need for a coordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(13)

Since the objectives of the proposed action, namely to prevent and combat all forms of violence against children, young people and women cannot be sufficiently achieved by the Member States and can therefore, due to the need for a coordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (14) | The Daphne II programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union. |
| --- | --- |

(14)

The Daphne II programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union.

| (15) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9). |
| --- | --- |

(15)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

| (16) | This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (10), for the budgetary authority during the annual budgetary procedure, |
| --- | --- |

(16)

This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (10), for the budgetary authority during the annual budgetary procedure,

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope

The second phase of the Daphne programme to prevent and combat all forms of violence against children, young people and women and to protect victims and groups at risk (‘the Daphne II programme‧) is hereby established for the period 1 January 2004 to 31 December 2008. It may be extended.

For the purposes of the Daphne II programme, ‘children‧ shall include adolescents up to the age of 18 years, in accordance with international instruments relating to the rights of the child.

However, projects with actions particularly designed for beneficiary groups such as, for example, ‘teenagers‧ (13-19 years old) or people 12-25 years old, shall be considered as targeting the category of so-called ‘young people‧.

Article 2

Programme objectives

1.   The Daphne II programme shall contribute to the general objective of providing citizens with a high level of protection from violence, including protection of physical and mental health.

The aim of this programme shall be to prevent and combat all forms of violence, occurring in the public or the private domain, against children, young people and women by taking preventive measures and by providing support for victims and groups at risk, including in particular the prevention of future exposure to violence. It further aims to assist and encourage non governmental organisations and other organisations active in this field.

2.   The actions to be implemented under the Daphne II programme, as set out in the Annex, are intended:

| (a) | to promote transnational actions:






  (i) | to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk; |
| --- | --- | --- |

(a)

to promote transnational actions:

(i)

to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk;

| (ii) | to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange; |
| --- | --- |

(ii)

to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange;

| (iii) | to raise awareness of violence among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding of, and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the competent authorities; |
| --- | --- |

(iii)

to raise awareness of violence among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding of, and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the competent authorities;

| (iv) | to study phenomena related to violence and possible methods of preventing it and explore and address the root causes of violence at all levels of society; |
| --- | --- |

(iv)

to study phenomena related to violence and possible methods of preventing it and explore and address the root causes of violence at all levels of society;

| (b) | to implement complementary actions, on the initiative of the Commission, such as studies, the formulation of indicators, data gathering, statistics broken down by gender and by age, seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under this programme. |
| --- | --- |

(b)

to implement complementary actions, on the initiative of the Commission, such as studies, the formulation of indicators, data gathering, statistics broken down by gender and by age, seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under this programme.

Article 3

Access to the programme

1.   The Daphne II programme shall be open to participation by public or private organisations and institutions (local authorities at the competent level, university departments and research centres) working to prevent and combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.

2.   This programme shall also be open to the participation of:

| (a) | Accession States which signed the Treaty of Accession on 16 April 2003; |
| --- | --- |

(a)

Accession States which signed the Treaty of Accession on 16 April 2003;

| (b) | the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement; |
| --- | --- |

(b)

the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;

| (c) | Romania and Bulgaria, for which the conditions for participation are to be laid down in accordance with the respective European Agreements, the additional protocols thereto and the decisions of the respective Association Councils; |
| --- | --- |

(c)

Romania and Bulgaria, for which the conditions for participation are to be laid down in accordance with the respective European Agreements, the additional protocols thereto and the decisions of the respective Association Councils;

| (d) | Turkey, for which the conditions for participation are to be laid down in accordance with the Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes (11). |
| --- | --- |

(d)

Turkey, for which the conditions for participation are to be laid down in accordance with the Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes (11).

3.   To be eligible for funding under this programme, projects shall involve at least two Member States, have a maximum duration of two years and be geared to the objectives set out in Article 2.

Article 4

Actions under the programme

The Daphne II programme shall comprise the following types of actions:

| (a) | identification and exchanges of good practice and work experience with a view in particular to implementing preventive measures and assistance to victims; |
| --- | --- |

(a)

identification and exchanges of good practice and work experience with a view in particular to implementing preventive measures and assistance to victims;

| (b) | mapping surveys, studies and research; |
| --- | --- |

(b)

mapping surveys, studies and research;

| (c) | field work with the involvement of the beneficiaries, particularly children and young people, in all phases of project design, implementation and evaluation; |
| --- | --- |

(c)

field work with the involvement of the beneficiaries, particularly children and young people, in all phases of project design, implementation and evaluation;

| (d) | creation of sustainable multidisciplinary networks; |
| --- | --- |

(d)

creation of sustainable multidisciplinary networks;

| (e) | training and design of educational packages; |
| --- | --- |

(e)

training and design of educational packages;

| (f) | development and implementation of treatment programmes and support for victims and people at risk on the one hand, and perpetrators on the other hand, whilst ensuring the safety of victims; |
| --- | --- |

(f)

development and implementation of treatment programmes and support for victims and people at risk on the one hand, and perpetrators on the other hand, whilst ensuring the safety of victims;

| (g) | development and implementation of awareness-raising actions targeting specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups; |
| --- | --- |

(g)

development and implementation of awareness-raising actions targeting specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups;

| (h) | dissemination of the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas; |
| --- | --- |

(h)

dissemination of the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

| (i) | identification and enhancement of actions contributing to positive treatment of people at risk of violence, namely to an approach which encourages respect for them and promotes their well-being and self-fulfilment. |
| --- | --- |

(i)

identification and enhancement of actions contributing to positive treatment of people at risk of violence, namely to an approach which encourages respect for them and promotes their well-being and self-fulfilment.

Article 5

Funding

1.   The financial framework for the implementation of the Daphne II programme for the period from 1 January 2004 to 31 December 2008 is hereby set at EUR 50 million, of which EUR 29 million is for the period until 31 December 2006.

For the period following 31 December 2006, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial perspectives in force for the period commencing in 2007.

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

3.   Funding decisions shall be followed by grant agreements between the Commission and the beneficiaries of the grant.

4.   The proportion of financial support from the Community budget shall not exceed 80 % of the total cost of the project.

However, the complementary actions referred to in Article 2(2)(b) may be financed up to 100 %, subject to a ceiling of 15 % of this programme's total annual financial allocation.

Article 6

Implementation of the programme

1.   The Commission shall be responsible for the management and implementation of the Daphne II programme and shall ensure that any result or product funded by this programme is available free of charge and in electronic form.

2.   The Commission shall ensure a balanced approach, in respect of the three target groups, namely children, young people and women with regard to the implementation of this programme.

3.   The measures necessary for the implementation of this Decision relating to the annual plan of work shall be adopted in accordance with the management procedure referred to in Article 7(2).

4.   The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 7(3).

Article 7

Committee

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The Committee shall adopt its rules of procedure.

Article 8

Monitoring and evaluation

1.   The Commission shall take all the measures necessary to ensure the monitoring and continuous evaluation of the Daphne II programme taking account of the general and specific objectives set out in Article 2 and of the specific objectives set out in the Annex.

2.   At the latest by 1 June 2006, the Commission shall submit an evaluation report to the European Parliament and to the Council, assessing the relevance, utility, sustainability, effectiveness and efficiency of the Daphne II programme so far. This report shall include an ex-ante evaluation in order to support possible future action. Moreover, in parallel to the presentation of the Preliminary Draft Budget for 2007, the Commission shall forward to the budgetary authority the result of the qualitative and quantitative evaluation of performance against the annual implementation plan.

In the context of the budgetary procedure for 2007, the Commission shall, at the latest by 1 June 2006, report on the consistency of the amount for 2007-2008 with the new financial perspectives. If applicable, the Commission shall take the necessary steps within the budgetary procedures for 2007-2008 to ensure the consistency of the annual appropriations with the new financial perspectives.

3.   On completion of the Daphne II programme, the Commission shall submit a final report to the European Parliament and to the Council. Inter alia, this report shall contain information on the work carried out in the context of the actions set out in Point II (c) of the Annex, as a basis for evaluating the need for further political action.

4.   The Commission shall also send the reports referred to under paragraphs 2 and 3 to the European Economic and Social Committee and to the Committee of the Regions.

Article 9

Entry into force

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

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 208, 3.9.2003, p. 52.

1

(2)  OJ C 256, 24.10.2003, p. 85.

2

(3)  Position of the European Parliament of 3 September 2003 (not yet published in the Official Journal), Council Common Position of 1 December 2003 (OJ C 54 E, 2.3.2004, p. 1), Position of the European Parliament of 9 March 2004.

3

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

4

(5)  OJ C 59, 23.2.2001, p. 307.

5

(6)  OJ C 77 E, 28.3.2002, p. 126.

6

(7)  OJ L 34, 9.2.2000, p. 1.

7

(8)  OJ C 272 E, 13.11.2003, p. 390.

8

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

9

(10)  OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).

10

(11)  OJ L 61, 2.3.2002, p. 29.

11

ANNEX

SPECIFIC OBJECTIVES AND ACTIONS

I.   TRANSNATIONAL ACTIONS

1.   IDENTIFICATION AND EXCHANGE OF GOOD PRACTICE AND WORK EXPERIENCE

| Objective: | to support and encourage the exchange, adaptation and use of good practice for application in other contexts or geographical areas |
| --- | --- |

Objective:

to support and encourage the exchange, adaptation and use of good practice for application in other contexts or geographical areas

To stimulate and promote the exchange of good practice at Community level on protection of and support for children, young people and women — victims or groups at risk — with special emphasis on the following areas:

| (a) | prevention (general or targeting specific groups); |
| --- | --- |

(a)

prevention (general or targeting specific groups);

| (b) | protection and support to victims (psychological, medical, social, educational and legal assistance, the provision of accommodation, removing and protecting victims, training and reintegration into social and working life); |
| --- | --- |

(b)

protection and support to victims (psychological, medical, social, educational and legal assistance, the provision of accommodation, removing and protecting victims, training and reintegration into social and working life);

| (c) | procedures to protect the best interests of children, particularly those who are victims of prostitution, young people and women who are the victims of violence; |
| --- | --- |

(c)

procedures to protect the best interests of children, particularly those who are victims of prostitution, young people and women who are the victims of violence;

| (d) | measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response. |
| --- | --- |

(d)

measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response.

2.   MAPPING SURVEYS, STUDIES AND RESEARCH

Objective: to study phenomena related to violence

To support research activities, gender- and age-based studies and mapping surveys in the field of violence in order, inter alia:

| (a) | to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence, including coercion to carry out actions such as begging or theft; |
| --- | --- |

(a)

to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence, including coercion to carry out actions such as begging or theft;

| (b) | to analyse and compare existing prevention and protection models; |
| --- | --- |

(b)

to analyse and compare existing prevention and protection models;

| (c) | to develop prevention and protection practice; |
| --- | --- |

(c)

to develop prevention and protection practice;

| (d) | to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs; |
| --- | --- |

(d)

to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs;

| (e) | to study the scope for developing filters which prevent the forwarding of paedophile material via the Internet; |
| --- | --- |

(e)

to study the scope for developing filters which prevent the forwarding of paedophile material via the Internet;

| (f) | to undertake studies on children who are the victims of prostitution in order to help prevent this phenomenon by means of better knowledge about the risk factors. |
| --- | --- |

(f)

to undertake studies on children who are the victims of prostitution in order to help prevent this phenomenon by means of better knowledge about the risk factors.

3.   FIELD WORK WITH THE INVOLVEMENT OF THE BENEFICIAIRIES

Objective: actively to implement proven methods in the prevention of and protection from violence

To support the implementation of methods, training modules and assistance (psychological, medical, social, educational, legal, and to reintegration) directly involving the beneficiaries.

4.   CREATION OF SUSTAINABLE MULTIDISCIPLINARY NETWORKS

| Objective: | to support and encourage both non-governmental organisations (NGOs) and other organisations, including local authorities (at the competent level), active in the fight against violence to work together. |
| --- | --- |

Objective:

to support and encourage both non-governmental organisations (NGOs) and other organisations, including local authorities (at the competent level), active in the fight against violence to work together.

To support the establishment and strengthening of multidisciplinary networks and to encourage and support cooperation between NGOs and the various organisations and public bodies, in order to improve the level of knowledge and understanding of one another's roles and to provide comprehensive multi-disciplinary support to victims of violence and to those at risk.

The networks will in particular carry out activities to address the problems of violence, geared to:

| (a) | producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses; |
| --- | --- |

(a)

producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses;

| (b) | assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence; |
| --- | --- |

(b)

assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence;

| (c) | promoting activities to tackle this problem at both international and national level. |
| --- | --- |

(c)

promoting activities to tackle this problem at both international and national level.

5.   TRAINING AND DESIGN OF EDUCATIONAL PACKAGES

Objective: to develop educational packages on the prevention of violence and on positive treatment

To design and test educational packages and actions on the prevention of violence against children, young people and women and on positive treatment, as well as on conflict management, for use in schools and adult educational institutions, associations, undertakings, public institutions and NGOs.

6.   DEVELOPMENT AND IMPLEMENTATION OF TREATMENT PROGRAMMES

| Objective: | to develop and implement treatment programmes for victims and people at risk, such as children and young people who witness domestic violence, on the one hand, and perpetrators on the other hand, with the aim of preventing violence. |
| --- | --- |

Objective:

to develop and implement treatment programmes for victims and people at risk, such as children and young people who witness domestic violence, on the one hand, and perpetrators on the other hand, with the aim of preventing violence.

To detect the possible causes, circumstances and mechanisms of the emergence and growth of violence including the nature and motivation of perpetrators of violence and exploiters of commercial violence such as sexual or non-sexual exploitation.

To develop, test and implement treatment programmes based on the above findings.

7.   AWARENESS-RAISING ACTIONS TARGETING SPECIFIC AUDIENCES

| Objective: | to raise awareness and the level of understanding of violence and the prevention of violence against children, young people and women with the aim of promoting zero tolerance of violence, the provision of support to victims and groups at risk, and the reporting of incidences of violence |
| --- | --- |

Objective:

to raise awareness and the level of understanding of violence and the prevention of violence against children, young people and women with the aim of promoting zero tolerance of violence, the provision of support to victims and groups at risk, and the reporting of incidences of violence

The following types of actions, amongst others, are eligible for support:

| (a) | development and implementation of information and awareness-raising actions aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, youth or social workers, lawyers, police authorities and the media; |
| --- | --- |

(a)

development and implementation of information and awareness-raising actions aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, youth or social workers, lawyers, police authorities and the media;

| (b) | development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources; this should enable information to be integrated into all the relevant information systems; |
| --- | --- |

(b)

development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources; this should enable information to be integrated into all the relevant information systems;

| (c) | encouragement of the introduction of measures and specific services to increase reporting to the authorities of violence and different forms of trade in children, young people and women for sexual and non-sexual exploitation; |
| --- | --- |

(c)

encouragement of the introduction of measures and specific services to increase reporting to the authorities of violence and different forms of trade in children, young people and women for sexual and non-sexual exploitation;

| (d) | promotion of publicity campaigns, using mass means of communication, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance. |
| --- | --- |

(d)

promotion of publicity campaigns, using mass means of communication, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance.

The design of materials to supplement those already available, or to adapt them for use in other geographical areas or for other target groups will be encouraged.

II.   COMPLEMENTARY ACTIONS

In order to ensure that all areas of the programme are fully covered, even in the absence of proposals — or of suitable proposals — for a given area, the Commission will carry out more proactive activities to fill any gaps.

Consequently, the programme will finance complementary actions, on the Commission's initiative, in the following areas, inter alia:

| (a) | to enable the development of indicators on violence, so that the quantified impact of policies and projects can be measured. This must be based on existing experience of all forms of violence against children, young people and women; |
| --- | --- |

(a)

to enable the development of indicators on violence, so that the quantified impact of policies and projects can be measured. This must be based on existing experience of all forms of violence against children, young people and women;

| (b) | to set up a procedure for regular and sustainable data collection, preferably with the assistance of EUROSTAT, in order to be able to quantify violence in the Union more accurately; |
| --- | --- |

(b)

to set up a procedure for regular and sustainable data collection, preferably with the assistance of EUROSTAT, in order to be able to quantify violence in the Union more accurately;

| (c) | to identify policy issues, wherever possible, in the light of the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice; |
| --- | --- |

(c)

to identify policy issues, wherever possible, in the light of the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice;

| (d) | to analyse and evaluate the funded projects in order to prepare for a European Year against violence; |
| --- | --- |

(d)

to analyse and evaluate the funded projects in order to prepare for a European Year against violence;

| (e) | to disseminate on a Europe-wide scale good practices stemming from funded projects; this can be achieved by various means:






  (i) | producing and distributing written material, CD-ROMs, video films, setting up Internet sites and promoting campaigns and publicity spots; |
| --- | --- | --- |

(e)

to disseminate on a Europe-wide scale good practices stemming from funded projects; this can be achieved by various means:

(i)

producing and distributing written material, CD-ROMs, video films, setting up Internet sites and promoting campaigns and publicity spots;

| (ii) | seconding of or organising exchanges of experienced staff from one organisation to another in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere; |
| --- | --- |

(ii)

seconding of or organising exchanges of experienced staff from one organisation to another in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere;

| (iii) | enabling a single NGO to use results obtained under the two Daphne programmes, to adapt them or to transfer them to another Union area or another category of beneficiary; |
| --- | --- |

(iii)

enabling a single NGO to use results obtained under the two Daphne programmes, to adapt them or to transfer them to another Union area or another category of beneficiary;

| (iv) | establishing a help-desk to assist NGOs, especially those participating for the first time, to elaborate their projects, to liaise with other partners and to use and benefit from the Daphne acquis; |
| --- | --- |

(iv)

establishing a help-desk to assist NGOs, especially those participating for the first time, to elaborate their projects, to liaise with other partners and to use and benefit from the Daphne acquis;

| (v) | cooperating as closely as possible with mass media. |
| --- | --- |

(v)

cooperating as closely as possible with mass media.

| (f) | to organise seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange; |
| --- | --- |

(f)

to organise seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange;

| (g) | to conduct studies and organise meetings of experts and seminars directly connected with the carrying out of the action of which they form an integral part. |
| --- | --- |

(g)

to conduct studies and organise meetings of experts and seminars directly connected with the carrying out of the action of which they form an integral part.

In addition, the Commission may have recourse, in carrying out the programme, to technical assistance organisations, the financing of which will be provided for within the overall financial framework and, under the same conditions, to experts.

P5_TA(2004)0144

Statute and financing of political parties at European level (amendments to the Rules of Procedure)

European Parliament decision on the amendments to the European Parliament's Rules of Procedure following the adoption of the Regulation governing the statute and the financing of political parties at European level (2003/2205(REG))

The European Parliament,

| — | having regard to the Treaty establishing the European Community and, in particular, Article 191 thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Community and, in particular, Article 191 thereof,

| — | having regard to European Parliament and Council Regulation (EC) No 2004/2003 of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (1), |
| --- | --- |

—

having regard to European Parliament and Council Regulation (EC) No 2004/2003 of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (1),

| — | having regard to the letter of 6 November 2003 from its President, |
| --- | --- |

—

having regard to the letter of 6 November 2003 from its President,

| — | having regard to Rules 180 and 181 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 180 and 181 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A5-0071/2004), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A5-0071/2004),

| 1. | Decides to amend its Rules of Procedure as shown below; |
| --- | --- |

1.

Decides to amend its Rules of Procedure as shown below;

| 2. | Points out that these amendments will enter into force on the first day of the next part-session; |
| --- | --- |

2.

Points out that these amendments will enter into force on the first day of the next part-session;

| 3. | Instructs its President to forward this decision to the Council and Commission, for information. |
| --- | --- |

3.

Instructs its President to forward this decision to the Council and Commission, for information.

| CURRENT TEXT | AMENDEMENTS |
| --- | --- |
| Amendment 1 |
| Rule 22, paragraph 9a (new) |
| | 9a. The Bureau shall lay down the implementing rules relating to European Parliament and Council Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding and shall, in implementing that Regulation, assume the tasks conferred upon it by Parliament's Rules of Procedure. |
| Amendment 2 |
| Chapter XXVIa, Title (new) |
| | Chapter XXVIa




  Powers and responsibilities relating to political parties at European level |
| Amendment 3 |
| Rule 184a (new) |
| | Rule 184a




  Powers and responsibilities of the President




  The President shall represent Parliament in its relations with political parties at European level, pursuant to Rule 19(4). |
| Amendment 4 |
| Rule 184b (new) |
| | Rule 184b




  Powers and responsibilities of the Bureau




  1. The Bureau shall take a decision on any application for funding submitted by a political party at European level and on the distribution of appropriations amongst the beneficiary political parties. It shall draw up a list of the beneficiaries and of the amounts allocated.




  2. The Bureau shall decide whether or not to suspend or reduce funding and to recover amounts which have been wrongly paid.




  3. After the end of the budget year the Bureau shallapprove the beneficiary political party's final activity report and final financial statement.




  4. Under the terms and conditions laid down in European Parliament and Council Regulation (EC) No 2004/2003 the Bureau may grant technical assistance to political parties at European level in accordance with their proposals. The Bureau may delegate specific types of decisions to grant technical assistance to the Secretary-General.




  5. In all the cases set out in the above paragraphs the Bureau shall act on the basis of a proposal from the Secretary- General. Except in the cases set out in paragraphs 1 and 4 the Bureau shall, before taking a decision, hear the representatives of the political party concerned. The Bureau may at any time consult the Conference of Presidents. |
| | 6. Where Parliament — following verification — establishes that a political party at European level has ceased to observe the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, the Bureau shall decide that that political party shall be excluded from funding. |
| Amendment 5 |
| Rule 184c (new) |
| | Rule 184c




  Powers and responsibilities of the committee responsible and of Parliament's plenary




  1. At the request of one-quarter of Parliament's Members representing at least three political groups, the President, following an exchange of views within the Conference of Presidents, shall call upon the committee responsible to verify whether or not a political party at European level is continuing to observe (in particular in its programme and in its activities) the principles upon which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.




  2. Before submitting a proposal for a decision to Parliament, the committee responsible shall hear the representatives of the political party concerned and it shall ask for and consider the opinion of a committee of independent eminent persons, pursuant to Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding.




  3. Parliament shall vote (by a majority of the votes cast) on the proposal for a decision establishing that the political party concerned either does or does not observe the principles set out in paragraph 1. No amendment may be tabled. In either case, if the proposal for a decision does not secure a majority, a decision to the contrary will be deemed to have been adopted.




  4. Parliament's decision shall apply with effect from the day upon which the request referred to in paragraph 1 was tabled.




  5. The President shall represent Parliament on the committee of independent eminent persons.




  6. The committee responsible shall draw up the report provided for in European Parliament and Council Regulation (EC) No 2004/2003 on the application of that Regulation and the activities funded, and shall submit it in plenary. |

CURRENT TEXT

AMENDEMENTS

Amendment 1

Rule 22, paragraph 9a (new)

9a. The Bureau shall lay down the implementing rules relating to European Parliament and Council Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding and shall, in implementing that Regulation, assume the tasks conferred upon it by Parliament's Rules of Procedure.

Amendment 2

Chapter XXVIa, Title (new)

Chapter XXVIa

Powers and responsibilities relating to political parties at European level

Amendment 3

Rule 184a (new)

Rule 184a

Powers and responsibilities of the President

The President shall represent Parliament in its relations with political parties at European level, pursuant to Rule 19(4).

Amendment 4

Rule 184b (new)

Rule 184b

Powers and responsibilities of the Bureau

1. The Bureau shall take a decision on any application for funding submitted by a political party at European level and on the distribution of appropriations amongst the beneficiary political parties. It shall draw up a list of the beneficiaries and of the amounts allocated.

2. The Bureau shall decide whether or not to suspend or reduce funding and to recover amounts which have been wrongly paid.

3. After the end of the budget year the Bureau shallapprove the beneficiary political party's final activity report and final financial statement.

4. Under the terms and conditions laid down in European Parliament and Council Regulation (EC) No 2004/2003 the Bureau may grant technical assistance to political parties at European level in accordance with their proposals. The Bureau may delegate specific types of decisions to grant technical assistance to the Secretary-General.

5. In all the cases set out in the above paragraphs the Bureau shall act on the basis of a proposal from the Secretary- General. Except in the cases set out in paragraphs 1 and 4 the Bureau shall, before taking a decision, hear the representatives of the political party concerned. The Bureau may at any time consult the Conference of Presidents.

6. Where Parliament — following verification — establishes that a political party at European level has ceased to observe the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, the Bureau shall decide that that political party shall be excluded from funding.

Amendment 5

Rule 184c (new)

Rule 184c

Powers and responsibilities of the committee responsible and of Parliament's plenary

1. At the request of one-quarter of Parliament's Members representing at least three political groups, the President, following an exchange of views within the Conference of Presidents, shall call upon the committee responsible to verify whether or not a political party at European level is continuing to observe (in particular in its programme and in its activities) the principles upon which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.

2. Before submitting a proposal for a decision to Parliament, the committee responsible shall hear the representatives of the political party concerned and it shall ask for and consider the opinion of a committee of independent eminent persons, pursuant to Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding.

3. Parliament shall vote (by a majority of the votes cast) on the proposal for a decision establishing that the political party concerned either does or does not observe the principles set out in paragraph 1. No amendment may be tabled. In either case, if the proposal for a decision does not secure a majority, a decision to the contrary will be deemed to have been adopted.

4. Parliament's decision shall apply with effect from the day upon which the request referred to in paragraph 1 was tabled.

5. The President shall represent Parliament on the committee of independent eminent persons.

6. The committee responsible shall draw up the report provided for in European Parliament and Council Regulation (EC) No 2004/2003 on the application of that Regulation and the activities funded, and shall submit it in plenary.

---

(1)  OJ L 297, 15.11.2003, p. 1.

P5_TA(2004)0145

Restructuring the European Parliament's Rules of Procedure

European Parliament decision on the restructuring of Parliament's Rules of Procedure in the light of its decision of 12 June 2002 and the minor changes which have become necessary since then (2003/2233(REG))

The European Parliament,

| — | having regard to the letters from its President dated 21 October and 11 December 2003, |
| --- | --- |

—

having regard to the letters from its President dated 21 October and 11 December 2003,

| — | having regard to Article 43 of the act concerning the conditions of accession to the European Union and the adjustments to the Treaties on which the European Union is founded, signed on 16 April 2003 in Athens, |
| --- | --- |

—

having regard to Article 43 of the act concerning the conditions of accession to the European Union and the adjustments to the Treaties on which the European Union is founded, signed on 16 April 2003 in Athens,

| — | having regard to Rules 180 and 181 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 180 and 181 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A5-0068/2004), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A5-0068/2004),

| 1. | Decides to restructure its Rules of Procedure in accordance with the new list of contents shown below; |
| --- | --- |

1.

Decides to restructure its Rules of Procedure in accordance with the new list of contents shown below;

| 2. | Decides to amend its Rules of Procedure as shown below; |
| --- | --- |

2.

Decides to amend its Rules of Procedure as shown below;

| 3. | Decides that these amendments will enter into force on the first day of the first part-session following the 2004 elections to the European Parliament; |
| --- | --- |

3.

Decides that these amendments will enter into force on the first day of the first part-session following the 2004 elections to the European Parliament;

| 4. | Instructs its President to adapt the wording of Rule 1(2) of its Rules of Procedure in the light of the enlargement of the Union by adding, in the respective official languages, the official names used to refer to the representatives elected to the European Parliament in the Member States joining the Union on 1 May 2004; |
| --- | --- |

4.

Instructs its President to adapt the wording of Rule 1(2) of its Rules of Procedure in the light of the enlargement of the Union by adding, in the respective official languages, the official names used to refer to the representatives elected to the European Parliament in the Member States joining the Union on 1 May 2004;

| 5. | Decides, further, to change the date of 1 July 2004 scheduled for the entry into force of the new version of Rule 29(2) of the Rules of Procedure to take account of the date of enlargement, which is now known, and to fix the date for the entry into force of that provision for 30 April 2004; this shall, however, be without prejudice to the continued existence of the current political groups until the end of the legislature; |
| --- | --- |

5.

Decides, further, to change the date of 1 July 2004 scheduled for the entry into force of the new version of Rule 29(2) of the Rules of Procedure to take account of the date of enlargement, which is now known, and to fix the date for the entry into force of that provision for 30 April 2004; this shall, however, be without prejudice to the continued existence of the current political groups until the end of the legislature;

| 6. | Instructs its Secretary-General to take the steps required to ensure that the restructured version of the Rules of Procedure which has been brought into line with the increased number of Members, pursuant to Rule 180(8), is available immediately after the 2004 elections to the European Parliament; |
| --- | --- |

6.

Instructs its Secretary-General to take the steps required to ensure that the restructured version of the Rules of Procedure which has been brought into line with the increased number of Members, pursuant to Rule 180(8), is available immediately after the 2004 elections to the European Parliament;

| 7. | Instructs its President to forward this decision, for information, to the Council and Commission. |
| --- | --- |

7.

Instructs its President to forward this decision, for information, to the Council and Commission.

Amendment 1

(Proposal for a restructuring of the Rules of Procedure)

(The current numbering of the chapters and rules is given in brackets and italics)

| TITLE I | MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS |
| --- | --- |
| CHAPTER 1 | MEMBERS OF THE EUROPEAN PARLIAMENT (Chapter I) |
| | Rule 1: | The European Parliament (Rule 1) |
| | Rule 2: | The independent mandate (Rule 2) |
| | Rule 3: | Verification of credentials (Rule 7) |
| | Rule 4: | Term of office of Members (Rule 8) |
| | Rule 5: | Privileges and immunities (Rule 3) |
| | Rule 6: | Waiver of immunity (Rule 6) |
| | Rule 7: | Procedures on immunity (Rule 6a) |
| | Rule 8: | Payment of expenses and allowances (Rule 5) |
| | Rule 9: | Code of conduct (Rule 9) |
| | Rule 10: | Internal investigations conducted by the European Anti-Fraud Office (OLAF) (Rule 9a) |
| CHAPTER 2 | OFFICERS OF PARLIAMENT (Chapter III) |
| | Rule 11: | Oldest Member (Rule 12) |
| | Rule 12: | Nominations and general provisions (Rule 13) |
| | Rule 13: | Election of President — opening address (Rule 14) |
| | Rule 14: | Election of Vice-Presidents (Rule 15) |
| | Rule 15: | Election of Quaestors (Rule 16) |
| | Rule 16: | Term of office of Officers (Rule 17) |
| | Rule 17: | Vacancies (Rule 18) |
| | Rule 18: | Early termination of an office (Rule 185a) |
| CHAPTER 3 | BODIES AND DUTIES (Chapter IV) |
| | Rule 19: | Duties of the President (Rule 19) |
| | Rule 20: | Duties of the Vice-Presidents (Rule 20) |
| | Rule 21: | Composition of the Bureau (Rule 21) |
| | Rule 22: | Duties of the Bureau (Rule 22) |
| | Rule 23: | Composition of the Conference of Presidents (Rule 23) |
| | Rule 24: | Duties of the Conference of Presidents (Rule 24) |
| | Rule 25: | Duties of the Quaestors (Rule 25) |
| | Rule 26: | Conference of Committee Chairmen (Rule 26) |
| | Rule 27: | Conference of Delegation Chairmen (Rule 27) |
| | Rule 28: | Accountability of the Bureau and the Conference of Presidents (Rule 28) |
| CHAPTER 4 | POLITICAL GROUPS (Chapter V) |
| | Rule 29: | Formation of political groups (Rule 29) |
| | Rule 30: | Activities and legal situation of political groups (Rule 29a) |
| | Rule 31: | Non-attached Members (Rule 30) |
| | Rule 32: | Allocation of seats in the Chamber (Rule 31) |
| TITLE II | LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES |
| CHAPTER 1 | LEGISLATIVE PROCEDURES — GENERAL PROVISIONS (Chapter VIII) |
| | Rule 33: | Commission's legislative and work programme (Rule 57) |
| | Rule 34: | Examination of respect for fundamental rights, the principles of subsidiarity and proportionality, the rule of law, and financial implications (Rule 58) |
| | Rule 35: | Verification of legal basis (Rule 63) |
| | Rule 36: | Verification of financial compatibility (Rule 63a) |
| | Rule 37: | Access to documents and provision of information to Parliament (Rule 64) |
| | Rule 38: | Representation of Parliament in Council meetings (Rule 62a) |
| | Rule 39: | Initiative pursuant to Article 192 of the EC Treaty (Rule 59) |
| | Rule 40: | Consideration of legislative documents (Rule 60) |
| | Rule 41: | Consultation on initiatives originating from a Member Stat (Rule 61) |
| CHAPTER 2 | PROCEDURE IN COMMITTEE |
| | Rule 42: | Legislative reports (Rule 159) |
| | Rule 43: | Simplified procedure (Rule 158) |
| | Rule 44: | Non-legislative reports (Rule 160) |
| | Rule 45: | Own-initiative reports (Rule 163) |
| | Rule 46: | Opinions of committees (Rule 162) |
| | Rule 47: | Enhanced cooperation between committees (Rule 162a) |
| | Rule 48: | Drafting of reports (Rule 161) |
| CHAPTER 3 | FIRST READING |
| | — Committee stage |
| | Rule 49: | Modification of a Commission proposal (Rule 65) |
| | Rule 50: | Commission and Council position on amendments (Rule 66) |
| | — Plenary stage |
| | Rule 51: | Conclusion of first reading (Rule 67) |
| | Rule 52: | Rejection of a Commission proposal (Rule 68) |
| | Rule 53: | Adoption of amendments to a Commission proposal (Rule 69) |
| | — Follow-up procedure |
| | Rule 54: | Follow-up to Parliament's opinion (Rule 70) |
| | Rule 55: | Renewed referral to Parliament (Rule 71)







  — | Codecision procedure |

TITLE I

MEMBERS, PARLIAMENT BODIES AND POLITICAL GROUPS

CHAPTER 1

MEMBERS OF THE EUROPEAN PARLIAMENT (Chapter I)

Rule 1:

The European Parliament (Rule 1)

Rule 2:

The independent mandate (Rule 2)

Rule 3:

Verification of credentials (Rule 7)

Rule 4:

Term of office of Members (Rule 8)

Rule 5:

Privileges and immunities (Rule 3)

Rule 6:

Waiver of immunity (Rule 6)

Rule 7:

Procedures on immunity (Rule 6a)

Rule 8:

Payment of expenses and allowances (Rule 5)

Rule 9:

Code of conduct (Rule 9)

Rule 10:

Internal investigations conducted by the European Anti-Fraud Office (OLAF) (Rule 9a)

CHAPTER 2

OFFICERS OF PARLIAMENT (Chapter III)

Rule 11:

Oldest Member (Rule 12)

Rule 12:

Nominations and general provisions (Rule 13)

Rule 13:

Election of President — opening address (Rule 14)

Rule 14:

Election of Vice-Presidents (Rule 15)

Rule 15:

Election of Quaestors (Rule 16)

Rule 16:

Term of office of Officers (Rule 17)

Rule 17:

Vacancies (Rule 18)

Rule 18:

Early termination of an office (Rule 185a)

CHAPTER 3

BODIES AND DUTIES (Chapter IV)

Rule 19:

Duties of the President (Rule 19)

Rule 20:

Duties of the Vice-Presidents (Rule 20)

Rule 21:

Composition of the Bureau (Rule 21)

Rule 22:

Duties of the Bureau (Rule 22)

Rule 23:

Composition of the Conference of Presidents (Rule 23)

Rule 24:

Duties of the Conference of Presidents (Rule 24)

Rule 25:

Duties of the Quaestors (Rule 25)

Rule 26:

Conference of Committee Chairmen (Rule 26)

Rule 27:

Conference of Delegation Chairmen (Rule 27)

Rule 28:

Accountability of the Bureau and the Conference of Presidents (Rule 28)

CHAPTER 4

POLITICAL GROUPS (Chapter V)

Rule 29:

Formation of political groups (Rule 29)

Rule 30:

Activities and legal situation of political groups (Rule 29a)

Rule 31:

Non-attached Members (Rule 30)

Rule 32:

Allocation of seats in the Chamber (Rule 31)

TITLE II

LEGISLATIVE, BUDGETARY AND OTHER PROCEDURES

CHAPTER 1

LEGISLATIVE PROCEDURES — GENERAL PROVISIONS (Chapter VIII)

Rule 33:

Commission's legislative and work programme (Rule 57)

Rule 34:

Examination of respect for fundamental rights, the principles of subsidiarity and proportionality, the rule of law, and financial implications (Rule 58)

Rule 35:

Verification of legal basis (Rule 63)

Rule 36:

Verification of financial compatibility (Rule 63a)

Rule 37:

Access to documents and provision of information to Parliament (Rule 64)

Rule 38:

Representation of Parliament in Council meetings (Rule 62a)

Rule 39:

Initiative pursuant to Article 192 of the EC Treaty (Rule 59)

Rule 40:

Consideration of legislative documents (Rule 60)

Rule 41:

Consultation on initiatives originating from a Member Stat (Rule 61)

CHAPTER 2

PROCEDURE IN COMMITTEE

Rule 42:

Legislative reports (Rule 159)

Rule 43:

Simplified procedure (Rule 158)

Rule 44:

Non-legislative reports (Rule 160)

Rule 45:

Own-initiative reports (Rule 163)

Rule 46:

Opinions of committees (Rule 162)

Rule 47:

Enhanced cooperation between committees (Rule 162a)

Rule 48:

Drafting of reports (Rule 161)

CHAPTER 3

FIRST READING

— Committee stage

Rule 49:

Modification of a Commission proposal (Rule 65)

Rule 50:

Commission and Council position on amendments (Rule 66)

— Plenary stage

Rule 51:

Conclusion of first reading (Rule 67)

Rule 52:

Rejection of a Commission proposal (Rule 68)

Rule 53:

Adoption of amendments to a Commission proposal (Rule 69)

— Follow-up procedure

Rule 54:

Follow-up to Parliament's opinion (Rule 70)

Rule 55:

Renewed referral to Parliament (Rule 71)

—

Codecision procedure

| — | Other procedures |
| --- | --- |

—

Other procedures

Rule 56:

Conciliation procedure contained in the 1975 joint declaration (Rule 72)

CHAPTER 4

SECOND READING

— Committee stage

Rule 57:

Communication of the Council's common position (Rule 74)

Rule 58:

Extension of time limits (Rule 75)

Rule 59:

Referral to and procedure in the committee responsible (Rule 76)

— Plenary stage

Rule 60:

Conclusion of second reading (Rule 77)

Rule 61:

Rejection of the Council's common position (Rule 79)

Rule 62:

Amendments to the Council's common position (Rule 80)

CHAPTER 5

THIRD READING

— Conciliation

Rule 63:

Convening of Conciliation Committee (Rule 81)

Rule 64:

Delegation to Conciliation Committee (Rule 82)

— Plenary stage

Rule 65:

Joint text (Rule 83)

CHAPTER 6

CONCLUSION OF THE LEGISLATIVE PROCEDURE

Rule 66:

First reading agreement (Rule 73)

Rule 67:

Second reading agreement (Rule 78)

Rule 68:

Signature of adopted acts (Rule 84)

CHAPTER 7

BUDGETARY PROCEDURES (Chapter IX)

Rule 69:

General Budget (Rule 92)

Rule 70:

Discharge to the Commission in respect of implementation of the budget (Rule 93)

Rule 71:

Other discharge procedures (Rule 93a)

Rule 72:

Parliamentary control over implementation of the budget (Rule 94)

CHAPTER 8

INTERNAL BUDGETARY PROCEDURES

Rule 73:

Estimates of Parliament (Rule 183)

Rule 74:

Power to incur and settle expenditure (Rule 184)

CHAPTER 9

ASSENT PROCEDURE

Rule 75:

Assent procedure (Rule 86)

CHAPTER 10

ENHANCED COOPERATION (Chapter XIV)

Rule 76:

Procedures in Parliament (Rule 109)

CHAPTER 11

OTHER PROCEDURES

Rule 77:

Procedure for delivering opinions pursuant to Article 122 of the EC Treaty (Rule 85)

Rule 78:

Procedures relating to dialogue between management and labour (Rule 87)

Rule 79:

Procedures relating to scrutiny of voluntary agreements (Rule 87a)

Rule 80:

Codification (Rule 89)

Rule 81:

Implementing provisions (Rule 88)

CHAPTER 12

TREATIES AND INTERNATIONAL AGREEMENTS (Chapter X and Chapter XI)

Rule 82:

Accession treaties (Rule 96)

Rule 83:

International agreements (Rule 97)

Rule 84:

Procedures based on Article 300 of the EC Treaty in the case of provisional application or the suspension of international agreements or the establishment of the Community position in a body set up by an international agreement (Rule 98)

CHAPTER 13

EXTERNAL REPRESENTATION OF THE UNION AND COMMON FOREIGN AND SECURITY POLICY (Chapter XI)

Rule 85:

Appointment of the High Representative for the common foreign and security policy (Rule 99)

Rule 86:

Appointment of special representatives for the purposes of the common foreign and security policy (Rule 100)

Rule 87:

Statements by the High Representative for the common foreign and security policy and by other special representatives (Rule 101)

Rule 88:

International representation (Rule 102)

Rule 89:

Consultation of and provision of information to Parliament within the framework of the common foreign and security policy (Rule 103)

Rule 90:

Recommendations within the framework of the common foreign and security policy (Rule 104)

Rule 91:

Breach of human rights (Rule 104a)

CHAPTER 14

POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS (Chapter XII)

Rule 92:

Provision of information to Parliament in the fields of police and judicial cooperation in criminal matters (Rule 105)

Rule 93:

Consultation of Parliament in the fields of police and judicial cooperation in criminal matters (Rule 106)

Rule 94:

Recommendations in the fields of police and judicial cooperation in criminal matters (Rule 107)

CHAPTER 15

BREACH BY A MEMBER STATE OF FUNDAMENTAL PRINCIPLES (Chapter XIII)

Rule 95:

Determination of a breach (Rule 108)

TITLE III

TRANSPARENCY OF BUSINESS
  (Chapter XXII)

Rule 96:

Transparency of Parliament's activities (Rule 171)

Rule 97:

Public access to documents (Rule 172)

TITLE IV

RELATIONS WITH THE OTHER INSTITUTIONS
  (Chapter VI)

CHAPTER 1

APPOINTMENTS

Rule 98:

Election of the President of the Commission (Rule 32)

Rule 99:

Election of the Commission (Rule 33)

Rule 100:

Motion of censure on the Commission (Rule 34)

Rule 101:

Appointment of the Members of the Court of Auditors (Rule 35)

Rule 102:

Appointment of the Members of the Executive Board of the European Central Bank (Rule 36)

CHAPTER 2

STATEMENTS

Rule 103:

Statements by the Commission, Council and European Council (Rule 37)

Rule 104:

Statements explaining Commission decisions (Rule 38)

Rule 105:

Statements by the Court of Auditors (Rule 39)

Rule 106:

Statements by the European Central Bank (Rule 40)

Rule 107:

Recommendation on the broad guidelines of economic policies (Rule 41)

CHAPTER 3

QUESTIONS TO THE COUNCIL, THE COMMISSION AND THE EUROPEAN CENTRAL BANK

Rule 108:

Questions for oral answer with debate (Rule 42)

Rule 109:

Question Time (Rule 43)

Rule 110:

Questions for written answer (Rule 44)

Rule 111:

Questions for written answer to the European Central Bank (Rule 40a)

CHAPTER 4

REPORTS OF OTHER INSTITUTIONS

Rule 112:

Annual reports and other reports of other institutions (Rule 47)

CHAPTER 5

RESOLUTIONS AND RECOMMENDATIONS

Rule 113:

Motions for resolutions (Rule 48)

Rule 114:

Recommendations to the Council (Rule 49)

Rule 115:

Debates on cases of breaches of human rights, democracy and the rule of law (Rule 50)

Rule 116:

Written declarations (Rule 51)

Rule 117:

Consultation of the European Economic and Social Committee (Rule 52)

Rule 118:

Consultation of the Committee of the Regions (Rule 53)

CHAPTER 6

INTERINSTITUTIONAL AGREEMENTS

Rule 119:

Interinstitutional agreements (Rule 54)

CHAPTER 7

REFERRALS TO THE COURT OF JUSTICE

Rule 120:

Proceedings before the Court of Justice (Rule 91)

Rule 121:

Consequences of the Council failing to act following approval of its common position under the cooperation procedure (Rule 90)

TITLE V

RELATIONS WITH THE NATIONAL PARLIAMENTS
  (Chapter VII)

Rule 122:

Exchange of information, contacts and reciprocal facilities (Rule 55)

Rule 123:

Conference of European Affairs Committees (COSAC) (Rule 56)

Rule 124:

Conference of Parliaments (Rule 56a)

TITLE VI

SESSIONS

CHAPTER 1

SESSIONS OF PARLIAMENT (Chapter II)

Rule 125:

Parliamentary term, sessions, part-sessions, sittings (Rule 10, paragraph 1)

Rule 126:

Convening of Parliament (Rule 10, paragraphs 2-5)

Rule 127:

Venue of sittings and meetings (Rule 11)

Rule 128:

Attendance of Members at sittings (Rule 4)

CHAPTER 2

ORDER OF BUSINESS OF PARLIAMENT (Chapter XV)

Rule 129:

Draft agenda (Rule 110)

Rule 130:

Procedure in plenary without amendment and debate (Rule 110a)

Rule 131:

Adopting and amending the agenda (Rule 111)

Rule 132:

Extraordinary debate (Rule 111a)

Rule 133:

Urgent procedure (Rule 112)

Rule 134:

Joint debate (Rule 113)

Rule 135:

Time limits (Rule 115)

CHAPTER 3

GENERAL RULES FOR THE CONDUCT OF SITTINGS (Chapter XVI)

Rule 136:

Access to the Chamber (Rule 116)

Rule 137:

Languages (Rule 117)

Rule 138:

Distribution of documents (Rule 118)

Rule 139:

Calling speakers and content of speeches (Rule 119)

Rule 140:

Allocation of speaking time (Rule 120)

Rule 141:

List of speakers (Rule 121)

Rule 142:

One-minute speeches (Rule 121a)

Rule 143:

Personal statements (Rule 122)

Rule 144:

Order in the Chamber (Rule 123)

Rule 145:

Exclusion of Members (Rule 124)

Rule 146:

Disturbances (Rule 125)

CHAPTER 4

QUORUM AND VOTING (Chapter XVII)

Rule 147:

Quorum (Rule 126)

Rule 148:

Tabling and moving amendments (Rule 139, not including first subparagraph of paragraph 1)

Rule 149:

Admissibility of amendments (Rule 140)

Rule 150:

Voting procedure (Rule 127)

Rule 151:

Tied votes (Rule 128)

Rule 152:

Principles governing voting (Rule 129)

Rule 153:

Order of voting on amendments (Rule 130)

Rule 154:

Committee consideration of plenary amendments (Rule 130a)

Rule 155:

Split voting (Rule 131)

Rule 156:

Right to vote (Rule 132)

Rule 157:

Voting (Rule 133)

Rule 158:

Voting by roll call (Rule 134)

Rule 159:

Electronic voting (Rule 135)

Rule 160:

Voting by secret ballot (Rule 136)

Rule 161:

Explanations of vote (Rule 137)

Rule 162:

Disputes on voting (Rule 138)

CHAPTER 5

INTERRUPTIVE AND PROCEDURAL MOTIONS (Chapter XVIII)

Rule 163:

Procedural motions (Rule 141)

Rule 164:

Points of order (Rule 142)

Rule 165:

Moving the inadmissibility of a matter (Rule 143)

Rule 166:

Referral back to committee (Rule 144)

Rule 167:

Closure of a debate (Rule 145)

Rule 168:

Adjournment of a debate and vote (Rule 146)

Rule 169:

Suspension or closure of the sitting (Rule 147)

CHAPTER 6

PUBLIC RECORD OF PROCEEDINGS

Rule 170:

Minutes (Rule 148)
   (1)

Rule 171:

Verbatim reports (Rule 149)

TITLE VII

COMMITTEES AND DELEGATIONS

CHAPTER 1

COMMITTEES — SETTING UP AND POWERS (Chapter XX)

Rule 172:

Setting up of standing committees (Rule 150, paragraph 1)

Rule 173:

Setting up of temporary committees (Rule 150, paragraph 2)

Rule 174:

Committees of inquiry (Rule 151)

Rule 175:

Composition of committees (Rule 152)

Rule 176:

Substitutes (Rule 153)

Rule 177:

Duties of committees (Rule 154)

Rule 178:

Committee responsible for the verification of credentials (Rule 155)

Rule 179:

Subcommittees (Rule 156)

Rule 180:

Committee bureaux (Rule 157)

CHAPTER 2

COMMITTEES — FUNCTIONING (Chapter XX)

Rule 181:

Committee meetings (Rule 166)

Rule 182:

Minutes of committee meetings (Rule 167)

Rule 183:

Voting in committee (Rule 139, paragraph 1, first subparagraph, and Rule 165, paragraphs 1, 2, 3 and 5)

Rule 184:

Provisions concerning the plenary sitting applicable in committee (Rule 165, paragraph 4)

Rule 185:

Question Time in committee (Rule 164)

CHAPTER 3

INTERPARLIAMENTARY DELEGATIONS (Chapter XXI)

Rule 186:

Setting up and duties of interparliamentary delegations (Rule 168)

Rule 187:

Cooperation with the Parliamentary Assembly of the Council of Europe (Rule 169)

Rule 188:

Joint parliamentary committees (Rule 170)

TITLE VIII

PETITIONS
  (Chapter XXIII)

Rule 189:

Right of petition (Rule 174)

Rule 190:

Examination of petitions (Rule 175)

Rule 191:

Notice of petitions (Rule 176)

TITLE IX

OMBUDSMAN
  (Chapter XXIV)

Rule 192:

Appointment of the Ombudsman (Rule 177)

Rule 193:

Activities of the Ombudsman (Rule 179)

Rule 194:

Dismissal of the Ombudsman (Rule 178)

TITLE X

PARLIAMENT'S SECRETARIAT

Rule 195:

Secretariat (Rule 182)

TITLE XI

APPLICATION AND AMENDMENT OF THE RULES OF PROCEDURE
  (Chapter XXV)

Rule 196:

Application of the Rules of Procedure (Rule 180)

Rule 197:

Amendment of the Rules of Procedure (Rule 181)

TITLE XII

MISCELLANEOUS PROVISIONS
  (Chapter XXVII)

Rule 198:

Unfinished business (Rule 185)

Rule 199:

Arrangement of annexes (Rule 186)

| CURRENT TEXT | AMENDEMENT |
| --- | --- |
| Amendment 2 |
| Rule 91, paragraphs 1 and 2 |
| 1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation to ensure that
  its
  rights have been fully respected. | 1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation
  and the implementing measures
  to ensure that
  the Treaties, in particular where Parliament's
  rights
  are concerned,
  have been fully respected. |
| 2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of
  Parliament's rights
  . | 2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of
  Community law
  . |
| Amendment 3 |
| Rule 94, paragraph 1 |
| 1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the
  committee
  responsible for budgetary control and the other committees concerned. | 1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the
  committees
  responsible for
  the budget and
  budgetary control and the other committees concerned. |
| Amendment 4 |
| Rule 150, paragraph 2 |
| 2. Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry. | 2.
  On a proposal from the Conference of Presidents,
  Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry. |
| Amendment 5 |
| Rule 158, paragraph 3a (new) |
| | 3a. The first and second sentences of paragraph 1, the first, second and third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 162. |
| Amendment 6 |
| Rule 183, paragraph 6a (new) |
| | 6a. The implementing provisions governing the procedure for drawing up Parliament's estimates shall be adopted by a majority of the votes cast and be annexed to these Rules. |
| Amendment 7 |
| Annex IV, Article 7a (new) |
| | Article 7a




  Procedure to be applied when drawing up Parliament's estimates




  1. As regards problems relating to Parliament's budget, the Bureau and the committee responsible for the budget shall take decisions in successive stages on:










  (a) | the establishment plan; |

CURRENT TEXT

AMENDEMENT

Amendment 2

Rule 91, paragraphs 1 and 2

1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation to ensure that
  its
  rights have been fully respected.

its

1. Parliament shall, within the time limits specified by the Treaties and the Statute of the Court of Justice for action by the institutions of the Union and by any natural or legal persons, examine Community legislation
  and the implementing measures
  to ensure that
  the Treaties, in particular where Parliament's
  rights
  are concerned,
  have been fully respected.

and the implementing measures

the Treaties, in particular where Parliament's

are concerned,

2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of
  Parliament's rights
  .

Parliament's rights

2. The committee responsible shall report to Parliament, orally if necessary, where it suspects a breach of
  Community law
  .

Community law

Amendment 3

Rule 94, paragraph 1

1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the
  committee
  responsible for budgetary control and the other committees concerned.

committee

1. Parliament shall monitor the implementation of the current year's budget. It shall entrust this task to the
  committees
  responsible for
  the budget and
  budgetary control and the other committees concerned.

committees

the budget and

Amendment 4

Rule 150, paragraph 2

2. Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.

2.
  On a proposal from the Conference of Presidents,
  Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry.

On a proposal from the Conference of Presidents,

Amendment 5

Rule 158, paragraph 3a (new)

3a. The first and second sentences of paragraph 1, the first, second and third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 162.

3a. The first and second sentences of paragraph 1, the first, second and third sentences of paragraph 2 and paragraph 3 shall apply, mutatis mutandis, to committee opinions within the meaning of Rule 162.

Amendment 6

Rule 183, paragraph 6a (new)

6a. The implementing provisions governing the procedure for drawing up Parliament's estimates shall be adopted by a majority of the votes cast and be annexed to these Rules.

6a. The implementing provisions governing the procedure for drawing up Parliament's estimates shall be adopted by a majority of the votes cast and be annexed to these Rules.

Amendment 7

Annex IV, Article 7a (new)

Article 7a

Article 7a

Procedure to be applied when drawing up Parliament's estimates

Procedure to be applied when drawing up Parliament's estimates

1. As regards problems relating to Parliament's budget, the Bureau and the committee responsible for the budget shall take decisions in successive stages on:

1. As regards problems relating to Parliament's budget, the Bureau and the committee responsible for the budget shall take decisions in successive stages on:

(a)

(a)

the establishment plan;

the establishment plan;

| (b) | the preliminary draft and the draft estimates. |
| --- | --- |

(b)

(b)

the preliminary draft and the draft estimates.

the preliminary draft and the draft estimates.

2. The decisions concerning the establishment plan will be taken according to the following procedure:

2. The decisions concerning the establishment plan will be taken according to the following procedure:

| (a) | the Bureau shall draw up the establishment plan for each financial year; |
| --- | --- |

(a)

(a)

the Bureau shall draw up the establishment plan for each financial year;

the Bureau shall draw up the establishment plan for each financial year;

| (b) | a conciliation procedure between the Bureau and the committee responsible for the budget shall be opened in cases where the opinion of the latter diverges from the initial decisions taken by the Bureau; |
| --- | --- |

(b)

(b)

a conciliation procedure between the Bureau and the committee responsible for the budget shall be opened in cases where the opinion of the latter diverges from the initial decisions taken by the Bureau;

a conciliation procedure between the Bureau and the committee responsible for the budget shall be opened in cases where the opinion of the latter diverges from the initial decisions taken by the Bureau;

| (c) | at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan, in accordance with Rule 182(3), without prejudice to decisions taken pursuant to Article 272 of the EC Treaty. |
| --- | --- |

(c)

(c)

at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan, in accordance with Rule 182(3), without prejudice to decisions taken pursuant to Article 272 of the EC Treaty.

at the end of the procedure, the Bureau shall take the final decision on the estimates for the establishment plan, in accordance with Rule 182(3), without prejudice to decisions taken pursuant to Article 272 of the EC Treaty.

3. As regards the estimates proper, the procedure for drawing up the estimates will begin as soon as the Bureau has taken a final decision on the establishment plan. The stages of this procedure will be those laid down in Rule 183, viz.:

3. As regards the estimates proper, the procedure for drawing up the estimates will begin as soon as the Bureau has taken a final decision on the establishment plan. The stages of this procedure will be those laid down in Rule 183, viz.:

| (a) | the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1); |
| --- | --- |

(a)

(a)

the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1);

the Bureau shall draw up the preliminary draft estimates of revenue and expenditure (paragraph 1);

| (b) | the committee responsible for the budget shall draw up the draft estimates of revenue and expenditure (paragraph 2); |
| --- | --- |

(b)

(b)

the committee responsible for the budget shall draw up the draft estimates of revenue and expenditure (paragraph 2);

the committee responsible for the budget shall draw up the draft estimates of revenue and expenditure (paragraph 2);

| (c) | a conciliation procedure shall be opened in cases where the positions of the committee responsible for the budget and the Bureau are widely divergent. |
| --- | --- |

(c)

(c)

a conciliation procedure shall be opened in cases where the positions of the committee responsible for the budget and the Bureau are widely divergent.

a conciliation procedure shall be opened in cases where the positions of the committee responsible for the budget and the Bureau are widely divergent.

Amendment 8

Annex V, Article 2, interpretation

Amendments to the motion for a resolution to be put to the vote in plenary must be referred to the committee responsible for consideration.

Amendments to the motion for a resolution to be put to the vote in plenary must be referred to the committee responsible for consideration.

deleted

deleted

---

(1)  For committee meetings see Rule 182 (Rule 167).

1

Rule 167).

P5_TA(2004)0146

Official feed and food controls ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council Regulation on official feed and food controls (COM(2003) 52 — C5-0032/2003 — 2003/0030(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 52) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 52) (1),

| — | having regard to Articles 251(2), 37, 95 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0032/2003), |
| --- | --- |

—

having regard to Articles 251(2), 37, 95 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0032/2003),

| — | 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 (A5-0449/2003), |
| --- | --- |

—

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 (A5-0449/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0030

Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of Regulation (EC) No .../2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37, 95 and 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

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

Whereas:

| (1) | Feed and food should be safe and wholesome. Community legislation comprises a set of rules to ensure that this objective is attained. These rules extend to the production and the placing on the market of both feed and food. |
| --- | --- |

(1)

Feed and food should be safe and wholesome. Community legislation comprises a set of rules to ensure that this objective is attained. These rules extend to the production and the placing on the market of both feed and food.

| (2) | 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 (4). |
| --- | --- |

(2)

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 (4).

| (3) | In addition to those basic rules, more specific feed and food law covers different areas such as animal nutrition including medicated feedingstuffs, feed and food hygiene, zoonoses, animal by-products, residues and contaminants, control and eradication of animal diseases with a public health impact, feed and food labelling, pesticides, feed and food additives, vitamins, mineral salts, trace elements and other additives, materials in contact with food, quality and compositional requirements, drinking water, ionisation, novel foods and genetically modified organisms (GMOs). |
| --- | --- |

(3)

In addition to those basic rules, more specific feed and food law covers different areas such as animal nutrition including medicated feedingstuffs, feed and food hygiene, zoonoses, animal by-products, residues and contaminants, control and eradication of animal diseases with a public health impact, feed and food labelling, pesticides, feed and food additives, vitamins, mineral salts, trace elements and other additives, materials in contact with food, quality and compositional requirements, drinking water, ionisation, novel foods and genetically modified organisms (GMOs).

| (4) | Community feed and food law is based on the principle that feed and food business operators at all stages of production, processing and distribution within the businesses under their control are responsible for ensuring that feed and food satisfy the requirements of feed and food law which are relevant to their activities. |
| --- | --- |

(4)

Community feed and food law is based on the principle that feed and food business operators at all stages of production, processing and distribution within the businesses under their control are responsible for ensuring that feed and food satisfy the requirements of feed and food law which are relevant to their activities.

| (5) | Animal health and animal welfare are important factors that contribute to the quality and safety of food, to the prevention of the spreading of animal diseases and to a humane treatment of animals. The rules covering these matters are laid down in several acts. These acts specify the obligations of natural and legal persons with regard to animal health and animal welfare as well as the duties of the competent authorities. |
| --- | --- |

(5)

Animal health and animal welfare are important factors that contribute to the quality and safety of food, to the prevention of the spreading of animal diseases and to a humane treatment of animals. The rules covering these matters are laid down in several acts. These acts specify the obligations of natural and legal persons with regard to animal health and animal welfare as well as the duties of the competent authorities.

| (6) | The Member States should enforce feed and food law, animal heath and animal welfare rules and monitor and verify that the relevant requirements thereof are fulfilled by business operators at all stages of production, processing and distribution. Official controls should be organised for that purpose. |
| --- | --- |

(6)

The Member States should enforce feed and food law, animal heath and animal welfare rules and monitor and verify that the relevant requirements thereof are fulfilled by business operators at all stages of production, processing and distribution. Official controls should be organised for that purpose.

| (7) | It is therefore appropriate to establish at Community level a harmonised framework of general rules for the organisation of such controls. It is appropriate to assess in the light of experience whether such a general framework functions properly, in particular in the area of animal health and welfare. It is therefore appropriate for the Commission to present a report together with any necessary proposal. |
| --- | --- |

(7)

It is therefore appropriate to establish at Community level a harmonised framework of general rules for the organisation of such controls. It is appropriate to assess in the light of experience whether such a general framework functions properly, in particular in the area of animal health and welfare. It is therefore appropriate for the Commission to present a report together with any necessary proposal.

| (8) | As a general rule this Community framework should not include official controls with regard to organisms harmful to plants and plant products since these controls are already adequately covered by Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (5). Certain aspects of this Regulation should however also apply to the plant health sector and in particular those concerning the establishment of multi-annual national control plans and Community inspections within the Member States and in third countries. It is therefore appropriate to amend Directive 2000/29/EC accordingly. |
| --- | --- |

(8)

As a general rule this Community framework should not include official controls with regard to organisms harmful to plants and plant products since these controls are already adequately covered by Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (5). Certain aspects of this Regulation should however also apply to the plant health sector and in particular those concerning the establishment of multi-annual national control plans and Community inspections within the Member States and in third countries. It is therefore appropriate to amend Directive 2000/29/EC accordingly.

| (9) | Council Regulations (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (6), (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (7), and (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (8) contain specific measures for the verification of compliance with the requirements contained therein. The requirements of this Regulation should be flexible enough so as to take account of the specificity of these areas. |
| --- | --- |

(9)

Council Regulations (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (6), (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (7), and (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (8) contain specific measures for the verification of compliance with the requirements contained therein. The requirements of this Regulation should be flexible enough so as to take account of the specificity of these areas.

| (10) | For the verification of compliance with the rules on the common organisation of the markets of agricultural products (arable crops, wine, olive oil, fruit and vegetables, hops, milk and milk products, beef and veal, sheepmeat and goatmeat and honey) a well established and specific control system is already in place. This Regulation should therefore not apply to these areas, all the more since the objectives of this Regulation differ from the objectives pursued by the control mechanisms for the common organisation of the markets of agricultural products. |
| --- | --- |

(10)

For the verification of compliance with the rules on the common organisation of the markets of agricultural products (arable crops, wine, olive oil, fruit and vegetables, hops, milk and milk products, beef and veal, sheepmeat and goatmeat and honey) a well established and specific control system is already in place. This Regulation should therefore not apply to these areas, all the more since the objectives of this Regulation differ from the objectives pursued by the control mechanisms for the common organisation of the markets of agricultural products.

| (11) | The competent authorities for performing official controls should meet a number of operational criteria so as to ensure their impartiality and effectiveness. They should have a sufficient number of suitably qualified and experienced staff and possess adequate facilities and equipment to carry out their duties properly. |
| --- | --- |

(11)

The competent authorities for performing official controls should meet a number of operational criteria so as to ensure their impartiality and effectiveness. They should have a sufficient number of suitably qualified and experienced staff and possess adequate facilities and equipment to carry out their duties properly.

| (12) | The official controls should be carried out using appropriate techniques developed for that purpose, including routine surveillance checks and more intensive controls such as inspections, verifications, audits, sampling and the testing of samples. The correct implementation of those techniques requires appropriate training of the staff performing official controls. Training is also required in order to ensure that the competent authorities take decisions in a uniform way, in particular with regard to the implementation of the Hazard Analysis and Critical Control Points (HACCP) principles. |
| --- | --- |

(12)

The official controls should be carried out using appropriate techniques developed for that purpose, including routine surveillance checks and more intensive controls such as inspections, verifications, audits, sampling and the testing of samples. The correct implementation of those techniques requires appropriate training of the staff performing official controls. Training is also required in order to ensure that the competent authorities take decisions in a uniform way, in particular with regard to the implementation of the Hazard Analysis and Critical Control Points (HACCP) principles.

| (13) | The frequency of official controls should be regular and proportionate to the risk, taking into account the results of the checks carried out by feed and food business operators under HACCP based control programmes or Quality Assurance Programmes, where such programmes are designed to meet requirements of feed and food law, animal health and animal welfare rules. Ad hoc controls should be carried out in case of suspicion of non-compliance. Additionally ad hoc controls could be carried out at any time, even where there is no suspicion of non-compliance. |
| --- | --- |

(13)

The frequency of official controls should be regular and proportionate to the risk, taking into account the results of the checks carried out by feed and food business operators under HACCP based control programmes or Quality Assurance Programmes, where such programmes are designed to meet requirements of feed and food law, animal health and animal welfare rules. Ad hoc controls should be carried out in case of suspicion of non-compliance. Additionally ad hoc controls could be carried out at any time, even where there is no suspicion of non-compliance.

| (14) | Official controls should take place on the basis of documented procedures so as to ensure that these controls are carried out uniformly and are of a consistently high quality. |
| --- | --- |

(14)

Official controls should take place on the basis of documented procedures so as to ensure that these controls are carried out uniformly and are of a consistently high quality.

| (15) | The competent authorities should ensure that where different control units are involved in carrying out official controls, appropriate coordination procedures are in place and effectively implemented. |
| --- | --- |

(15)

The competent authorities should ensure that where different control units are involved in carrying out official controls, appropriate coordination procedures are in place and effectively implemented.

| (16) | The competent authorities should also ensure that, where the competence to carry out official controls has been delegated from the central level to a regional or local level, there is effective and efficient coordination between the central level and that regional or local level. |
| --- | --- |

(16)

The competent authorities should also ensure that, where the competence to carry out official controls has been delegated from the central level to a regional or local level, there is effective and efficient coordination between the central level and that regional or local level.

| (17) | Laboratories involved in the analysis of official samples should work in accordance with internationally approved procedures or criteria based performance standards and use methods of analysis that have as far as possible been validated. Such laboratories should in particular have equipment that enables the correct determination of standards such as maximum residue levels fixed by Community law. |
| --- | --- |

(17)

Laboratories involved in the analysis of official samples should work in accordance with internationally approved procedures or criteria based performance standards and use methods of analysis that have as far as possible been validated. Such laboratories should in particular have equipment that enables the correct determination of standards such as maximum residue levels fixed by Community law.

| (18) | The designation of Community and national reference laboratories should contribute to a high quality and uniformity of analytical results. This objective can be achieved by activities such as the application of validated analytical methods, ensuring that reference materials are available, the organisation of comparative testing and the training of staff from laboratories. |
| --- | --- |

(18)

The designation of Community and national reference laboratories should contribute to a high quality and uniformity of analytical results. This objective can be achieved by activities such as the application of validated analytical methods, ensuring that reference materials are available, the organisation of comparative testing and the training of staff from laboratories.

| (19) | The activities of reference laboratories should cover all the areas of feed and food law and animal health, in particular those areas where there is a need for precise analytical and diagnostic results. |
| --- | --- |

(19)

The activities of reference laboratories should cover all the areas of feed and food law and animal health, in particular those areas where there is a need for precise analytical and diagnostic results.

| (20) | For a number of activities related to official controls, the European Committee for Standardisation (CEN) has developed European Standards (EN Standards) appropriate for the purpose of this Regulation. These EN Standards relate in particular to the operation and assessment of testing laboratories and to the operation and accreditation of control bodies. International standards have also been drawn up by the International Organisation for Standardisation (ISO) and the International Union of Pure and Applied Chemistry (IUPAC). These standards might, in certain well defined cases, be appropriate for the purposes of this Regulation, taking into account that performance criteria are laid down in feed and food law in order to ensure flexibility and cost effectiveness. |
| --- | --- |

(20)

For a number of activities related to official controls, the European Committee for Standardisation (CEN) has developed European Standards (EN Standards) appropriate for the purpose of this Regulation. These EN Standards relate in particular to the operation and assessment of testing laboratories and to the operation and accreditation of control bodies. International standards have also been drawn up by the International Organisation for Standardisation (ISO) and the International Union of Pure and Applied Chemistry (IUPAC). These standards might, in certain well defined cases, be appropriate for the purposes of this Regulation, taking into account that performance criteria are laid down in feed and food law in order to ensure flexibility and cost effectiveness.

| (21) | Provision should be made for delegating competence for performing specific control tasks from the competent authority to a control body, and for the conditions under which such delegation can take place. |
| --- | --- |

(21)

Provision should be made for delegating competence for performing specific control tasks from the competent authority to a control body, and for the conditions under which such delegation can take place.

| (22) | Appropriate procedures should be available for the cooperation of the competent authorities in and between the Member States, in particular when official controls reveal that feed and food problems extend to more than one Member State. In order to facilitate such cooperation, Member States should designate one or more liaison bodies with the role of coordinating the transmission and reception of requests for assistance. |
| --- | --- |

(22)

Appropriate procedures should be available for the cooperation of the competent authorities in and between the Member States, in particular when official controls reveal that feed and food problems extend to more than one Member State. In order to facilitate such cooperation, Member States should designate one or more liaison bodies with the role of coordinating the transmission and reception of requests for assistance.

| (23) | In accordance with Article 50 of Regulation (EC) No 178/2002, the Member States shall inform the Commission where information relating to the existence of a serious direct or indirect risk to human health deriving from food or feed is available. |
| --- | --- |

(23)

In accordance with Article 50 of Regulation (EC) No 178/2002, the Member States shall inform the Commission where information relating to the existence of a serious direct or indirect risk to human health deriving from food or feed is available.

| (24) | It is important to create uniform procedures for the control of feed and food from third countries introduced into the territory of the Community, taking into account that harmonised import procedures have already been established for food of animal origin by virtue of Council Directive 97/78/EC (9), and for live animals by virtue of Council Directive 91/496/EEC (10). These existing procedures function properly and should be maintained. |
| --- | --- |

(24)

It is important to create uniform procedures for the control of feed and food from third countries introduced into the territory of the Community, taking into account that harmonised import procedures have already been established for food of animal origin by virtue of Council Directive 97/78/EC (9), and for live animals by virtue of Council Directive 91/496/EEC (10). These existing procedures function properly and should be maintained.

| (25) | The checks on feed and food from third countries referred to in Directive 97/78/EC are limited to veterinary aspects. It is necessary to supplement these checks with official controls on aspects that are not covered by veterinary checks, such as those on additives, labelling, traceability, irradiation of food and materials in contact with food. |
| --- | --- |

(25)

The checks on feed and food from third countries referred to in Directive 97/78/EC are limited to veterinary aspects. It is necessary to supplement these checks with official controls on aspects that are not covered by veterinary checks, such as those on additives, labelling, traceability, irradiation of food and materials in contact with food.

| (26) | Community legislation also provides for procedures for the control of imported feed by virtue of Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition (11). That Directive contains principles and procedures that must be applied by the Member States when releasing imported feed for free circulation. |
| --- | --- |

(26)

Community legislation also provides for procedures for the control of imported feed by virtue of Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition (11). That Directive contains principles and procedures that must be applied by the Member States when releasing imported feed for free circulation.

| (27) | It is appropriate to establish Community rules in order to ensure that feed and food from third countries is submitted to official controls before release for free circulation in the Community. Special attention should be paid to import controls of feed and food for which there may be an increased risk of contamination. |
| --- | --- |

(27)

It is appropriate to establish Community rules in order to ensure that feed and food from third countries is submitted to official controls before release for free circulation in the Community. Special attention should be paid to import controls of feed and food for which there may be an increased risk of contamination.

| (28) | Provision should also be made for the organisation of official controls of feed and food that is introduced into the territory of the Community under customs procedures other than free circulation, and in particular those introduced under the customs procedures referred to in points (b) to (f) of Article 4(16) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (12), as well as their entry into a free zone or free warehouse. This includes the introduction of feed and food from third countries by passengers of international means of transport and through parcels sent by mail. |
| --- | --- |

(28)

Provision should also be made for the organisation of official controls of feed and food that is introduced into the territory of the Community under customs procedures other than free circulation, and in particular those introduced under the customs procedures referred to in points (b) to (f) of Article 4(16) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (12), as well as their entry into a free zone or free warehouse. This includes the introduction of feed and food from third countries by passengers of international means of transport and through parcels sent by mail.

| (29) | For the purpose of official controls on feed and food, it is necessary to define the territory of the Community in which the rules apply in order to ensure that feed and food that is introduced into this territory is submitted to the controls laid down by this Regulation. This territory is not necessarily the same as provided for in Article 299 of the Treaty, or as defined in Article 3 of Regulation (EEC) No 2913/92. |
| --- | --- |

(29)

For the purpose of official controls on feed and food, it is necessary to define the territory of the Community in which the rules apply in order to ensure that feed and food that is introduced into this territory is submitted to the controls laid down by this Regulation. This territory is not necessarily the same as provided for in Article 299 of the Treaty, or as defined in Article 3 of Regulation (EEC) No 2913/92.

| (30) | In order to ensure a more efficient organisation of the official controls on feed and food from third countries and in order to facilitate commercial flows, it may be necessary to designate specific points of entry for feed and food from third countries into the territory of the Community. Likewise, it may be necessary to require prior notification of the arrival of goods at the territory of the Community. It should be ensured that each designated point of entry has access to the appropriate facilities to operate controls within reasonable time limits. |
| --- | --- |

(30)

In order to ensure a more efficient organisation of the official controls on feed and food from third countries and in order to facilitate commercial flows, it may be necessary to designate specific points of entry for feed and food from third countries into the territory of the Community. Likewise, it may be necessary to require prior notification of the arrival of goods at the territory of the Community. It should be ensured that each designated point of entry has access to the appropriate facilities to operate controls within reasonable time limits.

| (31) | In establishing rules on the official controls of feed and food from third countries, it should be ensured that the competent authorities and the customs services work together, taking into account the fact that rules to that effect already exist in Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries (13). |
| --- | --- |

(31)

In establishing rules on the official controls of feed and food from third countries, it should be ensured that the competent authorities and the customs services work together, taking into account the fact that rules to that effect already exist in Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries (13).

| (32) | Adequate financial resources should be available for organising official controls. Hence, the competent authorities of the Member States should be able to levy the fees or charges to cover the costs incurred through official controls. In the process, the competent authorities of the Member States will be at liberty to establish the fees and charges as flat-rate amounts based on the costs incurred and taking the specific situation of the establishments into account. Where fees are imposed on operators, common principles should apply. It is appropriate therefore to lay down the criteria for setting the level of inspection fees. With regard to fees applicable for import controls, it is appropriate to establish directly the rates for main import items with a view to ensuring their uniform application and to avoiding trade distortions. |
| --- | --- |

(32)

Adequate financial resources should be available for organising official controls. Hence, the competent authorities of the Member States should be able to levy the fees or charges to cover the costs incurred through official controls. In the process, the competent authorities of the Member States will be at liberty to establish the fees and charges as flat-rate amounts based on the costs incurred and taking the specific situation of the establishments into account. Where fees are imposed on operators, common principles should apply. It is appropriate therefore to lay down the criteria for setting the level of inspection fees. With regard to fees applicable for import controls, it is appropriate to establish directly the rates for main import items with a view to ensuring their uniform application and to avoiding trade distortions.

| (33) | Community feed and food law provides for the registration or approval of certain feed and food businesses by the competent authority. This is particularly the case in Regulation (EC) No .../... of the European Parliament and of the Council of ... on the hygiene of foodstuffs (14), Regulation (EC) No .../... of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin (14), Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (15) and the future Regulation on feed hygiene. Procedures should be put in place in order to ensure that registration and approval of feed and food businesses are carried out in an effective and transparent way. |
| --- | --- |

(33)

Community feed and food law provides for the registration or approval of certain feed and food businesses by the competent authority. This is particularly the case in Regulation (EC) No .../... of the European Parliament and of the Council of ... on the hygiene of foodstuffs (14), Regulation (EC) No .../... of the European Parliament and of the Council of ... laying down specific hygiene rules for food of animal origin (14), Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (15) and the future Regulation on feed hygiene. Procedures should be put in place in order to ensure that registration and approval of feed and food businesses are carried out in an effective and transparent way.

| (34) | In order to have a global and uniform approach with regard to official controls, Member States should establish and implement multi-annual national control plans in accordance with broad guidelines drawn up at Community level. These guidelines should promote coherent national strategies, and identify risk-based priorities and the most effective control procedures. A Community strategy should take a comprehensive, integrated approach to the operation of controls. In view of the nonbinding character of certain technical guidelines to be established it is appropriate to establish them by means of a consultative Committee procedure. |
| --- | --- |

(34)

In order to have a global and uniform approach with regard to official controls, Member States should establish and implement multi-annual national control plans in accordance with broad guidelines drawn up at Community level. These guidelines should promote coherent national strategies, and identify risk-based priorities and the most effective control procedures. A Community strategy should take a comprehensive, integrated approach to the operation of controls. In view of the nonbinding character of certain technical guidelines to be established it is appropriate to establish them by means of a consultative Committee procedure.

| (35) | The multi-annual national control plans should cover feed and food law, and the legislation on animal health and animal welfare. |
| --- | --- |

(35)

The multi-annual national control plans should cover feed and food law, and the legislation on animal health and animal welfare.

| (36) | The multi-annual national control plans should establish a solid basis for the Commission inspection services to carry out controls in the Member States. The control plans should enable the Commission inspection services to verify whether the official controls in the Member States are organised in accordance with the criteria laid down in this Regulation. Where appropriate and, in particular, where the audit of the Member States against the multi-annual national control plans shows weaknesses or failures, detailed inspections and audits should be carried out. |
| --- | --- |

(36)

The multi-annual national control plans should establish a solid basis for the Commission inspection services to carry out controls in the Member States. The control plans should enable the Commission inspection services to verify whether the official controls in the Member States are organised in accordance with the criteria laid down in this Regulation. Where appropriate and, in particular, where the audit of the Member States against the multi-annual national control plans shows weaknesses or failures, detailed inspections and audits should be carried out.

| (37) | Member States should be required to present an annual report to the Commission with information on the implementation of the multi-annual national control plans. This report should provide the results of the official controls and audits carried out during the previous year and, where necessary, an update of the initial control plan in response to these results. |
| --- | --- |

(37)

Member States should be required to present an annual report to the Commission with information on the implementation of the multi-annual national control plans. This report should provide the results of the official controls and audits carried out during the previous year and, where necessary, an update of the initial control plan in response to these results.

| (38) | Community controls in the Member States should allow the Commission control services to verify whether feed and food law and the legislation on animal health and animal welfare are implemented in a uniform and correct way throughout the Community. |
| --- | --- |

(38)

Community controls in the Member States should allow the Commission control services to verify whether feed and food law and the legislation on animal health and animal welfare are implemented in a uniform and correct way throughout the Community.

| (39) | Community controls in third countries are required in order to verify compliance or equivalence with Community feed and food law as well as with the legislation on animal health and, where appropriate, welfare. Third countries may also be requested to provide information on their control systems. This information, which should be established on the basis of Community guidelines, should form the basis for subsequent Commission controls, which should be carried out within a multidisciplinary framework covering the main sectors exporting to the Community. This evolution should allow a simplification of the current regime, enhance effective control cooperation, and consequently facilitate trade flows. |
| --- | --- |

(39)

Community controls in third countries are required in order to verify compliance or equivalence with Community feed and food law as well as with the legislation on animal health and, where appropriate, welfare. Third countries may also be requested to provide information on their control systems. This information, which should be established on the basis of Community guidelines, should form the basis for subsequent Commission controls, which should be carried out within a multidisciplinary framework covering the main sectors exporting to the Community. This evolution should allow a simplification of the current regime, enhance effective control cooperation, and consequently facilitate trade flows.

| (40) | In order to ensure that imported goods comply with or are equivalent to Community feed and food law, it is necessary to establish procedures that allow the definition of import conditions and certification requirements as appropriate. |
| --- | --- |

(40)

In order to ensure that imported goods comply with or are equivalent to Community feed and food law, it is necessary to establish procedures that allow the definition of import conditions and certification requirements as appropriate.

| (41) | Breaches of feed and food law and of animal health and animal welfare rules may constitute a threat to human health, animal health, and animal welfare. Such breaches should therefore be subject to effective, dissuasive and proportionate measures at national level throughout the Community. |
| --- | --- |

(41)

Breaches of feed and food law and of animal health and animal welfare rules may constitute a threat to human health, animal health, and animal welfare. Such breaches should therefore be subject to effective, dissuasive and proportionate measures at national level throughout the Community.

| (42) | Such measures should include administrative action by the competent authorities in the Member States who should have procedures in place for that purpose. The advantage of such procedures is that quick action can be undertaken in order to restore the situation. |
| --- | --- |

(42)

Such measures should include administrative action by the competent authorities in the Member States who should have procedures in place for that purpose. The advantage of such procedures is that quick action can be undertaken in order to restore the situation.

| (43) | Operators should have a right to appeal against the decisions taken by the competent authority as a result of the official controls, and be informed of such a right. |
| --- | --- |

(43)

Operators should have a right to appeal against the decisions taken by the competent authority as a result of the official controls, and be informed of such a right.

| (44) | It is appropriate to take account of the special needs of developing countries, and in particular of the least-developed countries, and to introduce measures to that effect. The Commission should be committed to support developing countries with regard to feed and food safety, which is an important element of human health and trade development. Such support should be organised in the context of the Community's Development Cooperation Policy. |
| --- | --- |

(44)

It is appropriate to take account of the special needs of developing countries, and in particular of the least-developed countries, and to introduce measures to that effect. The Commission should be committed to support developing countries with regard to feed and food safety, which is an important element of human health and trade development. Such support should be organised in the context of the Community's Development Cooperation Policy.

| (45) | The rules contained in this Regulation underpin the integrated and horizontal approach necessary to implement a coherent control policy on feed and food safety, animal health and animal welfare. There should be room however to develop specific control rules where required, for example with regard to the setting of maximum residue levels for certain contaminants at EC level. Likewise, more specific rules existing in the area of feed and food and animal health and animal welfare controls should be kept in place. These include in particular the following acts: Directive 96/22/EC (16), Directive 96/23/EC (17), Regulation (EC) No .../... (18), Regulation (EC) No 999/2001 (19), Regulation (EC) No 2160/2003 (20), Directive 86/362/EEC (21), Directive 90/642/EEC (22) and the implementing rules resulting therefrom, Directive 92/1/EEC (23), Directive 92/2/EEC (24), and acts on the control of animal diseases such as foot-and-mouth disease, swine fever etc., as well as requirements on the official controls on the welfare of animals. |
| --- | --- |

(45)

The rules contained in this Regulation underpin the integrated and horizontal approach necessary to implement a coherent control policy on feed and food safety, animal health and animal welfare. There should be room however to develop specific control rules where required, for example with regard to the setting of maximum residue levels for certain contaminants at EC level. Likewise, more specific rules existing in the area of feed and food and animal health and animal welfare controls should be kept in place. These include in particular the following acts: Directive 96/22/EC (16), Directive 96/23/EC (17), Regulation (EC) No .../... (18), Regulation (EC) No 999/2001 (19), Regulation (EC) No 2160/2003 (20), Directive 86/362/EEC (21), Directive 90/642/EEC (22) and the implementing rules resulting therefrom, Directive 92/1/EEC (23), Directive 92/2/EEC (24), and acts on the control of animal diseases such as foot-and-mouth disease, swine fever etc., as well as requirements on the official controls on the welfare of animals.

| (46) | This Regulation covers areas that are already covered in certain acts in force at present. It is appropriate therefore to repeal in particular the following acts on feed and food controls and to replace them by the rules of this Regulation: Council Directive 70/373/EEC (25); Council Directive 85/591/EEC (26); Council Directive 89/397/EEC (27); Council Directive 93/99/EEC (28); Council Decision 93/383/EEC (29); Council Directive 95/53/EC; Council Directive 96/43/EC (30); Council Decision 98/728/EC (31); and Council Decision 1999/313/EC (32). |
| --- | --- |

(46)

This Regulation covers areas that are already covered in certain acts in force at present. It is appropriate therefore to repeal in particular the following acts on feed and food controls and to replace them by the rules of this Regulation: Council Directive 70/373/EEC (25); Council Directive 85/591/EEC (26); Council Directive 89/397/EEC (27); Council Directive 93/99/EEC (28); Council Decision 93/383/EEC (29); Council Directive 95/53/EC; Council Directive 96/43/EC (30); Council Decision 98/728/EC (31); and Council Decision 1999/313/EC (32).

| (47) | In the light of this Regulation, Directive 96/23/EC, Directive 97/78/EC and Directive 2000/29/EC should be amended. |
| --- | --- |

(47)

In the light of this Regulation, Directive 96/23/EC, Directive 97/78/EC and Directive 2000/29/EC should be amended.

| (48) | Since the objective of this Regulation, namely to ensure a harmonised approach with regard to official controls, cannot be sufficiently achieved by the Member States and can therefore, by reason of its complexity, its transborder character and, with regard to feed and food imports, its international character, 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. |
| --- | --- |

(48)

Since the objective of this Regulation, namely to ensure a harmonised approach with regard to official controls, cannot be sufficiently achieved by the Member States and can therefore, by reason of its complexity, its transborder character and, with regard to feed and food imports, its international character, 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.

| (49) | 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 (33), |
| --- | --- |

(49)

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 (33),

HAVE ADOPTED THIS REGULATION:

TITLE I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.   This Regulation lays down general rules for the performance of official controls to verify compliance with rules aiming, in particular, at:

| (a) | preventing, eliminating or reducing to acceptable levels risks to humans and animals, either directly or through the environment; and |
| --- | --- |

(a)

preventing, eliminating or reducing to acceptable levels risks to humans and animals, either directly or through the environment; and

| (b) | guaranteeing fair practices in feed and food trade and protecting consumer interests, including feed and food labelling and other forms of consumer information. |
| --- | --- |

(b)

guaranteeing fair practices in feed and food trade and protecting consumer interests, including feed and food labelling and other forms of consumer information.

2.   This Regulation shall not apply to official controls for the verification of compliance with the rules on common market organisations of agricultural products.

3.   This Regulation shall be without prejudice to specific Community provisions concerning official controls.

4.   The performance of official controls pursuant to this Regulation shall be without prejudice to feed and food business operators' primary legal responsibility for ensuring feed and food safety, as laid down in Regulation (EC) No 178/2002, and any civil or criminal liability arising from the breach of their obligations.

Article 2

Definitions

For the purposes of this Regulation, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002 shall apply.

The following definitions shall also apply:

| 1) | ‘official control‧ means any form of control that the competent authority or the Community performs for the verification of compliance with feed and food law, animal health and animal welfare rules; |
| --- | --- |

1)

‘official control‧ means any form of control that the competent authority or the Community performs for the verification of compliance with feed and food law, animal health and animal welfare rules;

| 2) | ‘verification‧ means checking, by examination and the consideration of objective evidence, whether specified requirements have been fulfilled; |
| --- | --- |

2)

‘verification‧ means checking, by examination and the consideration of objective evidence, whether specified requirements have been fulfilled;

| 3) | ‘feed law‧ means the laws, regulations and administrative provisions governing feed in general and feed safety in particular, whether at Community or national level ; it covers all stages of production, processing and distribution of feed and the use of feed; |
| --- | --- |

3)

‘feed law‧ means the laws, regulations and administrative provisions governing feed in general and feed safety in particular, whether at Community or national level ; it covers all stages of production, processing and distribution of feed and the use of feed;

| 4) | ‘competent authority‧ means the central authority of a Member State competent for the organisation of official controls or any other authority to which that competence has been conferred; it shall also include, where appropriate, the corresponding authority of a third country; |
| --- | --- |

4)

‘competent authority‧ means the central authority of a Member State competent for the organisation of official controls or any other authority to which that competence has been conferred; it shall also include, where appropriate, the corresponding authority of a third country;

| 5) | ‘control body‧ means an independent third party to which the competent authority has delegated certain control tasks; |
| --- | --- |

5)

‘control body‧ means an independent third party to which the competent authority has delegated certain control tasks;

| 6) | ‘audit‧ means a systematic and independent examination to determine whether activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives; |
| --- | --- |

6)

‘audit‧ means a systematic and independent examination to determine whether activities and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable to achieve objectives;

| 7) | ‘inspection‧ means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules; |
| --- | --- |

7)

‘inspection‧ means the examination of any aspect of feed, food, animal health and animal welfare in order to verify that such aspect(s) comply with the legal requirements of feed and food law and animal health and animal welfare rules;

| 8) | ‘monitoring‧ means conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with feed or food law, animal health and animal welfare rules; |
| --- | --- |

8)

‘monitoring‧ means conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with feed or food law, animal health and animal welfare rules;

| 9) | ‘surveillance‧ means a careful observation of one or more feed or food businesses, feed or food business operators or their activities; |
| --- | --- |

9)

‘surveillance‧ means a careful observation of one or more feed or food businesses, feed or food business operators or their activities;

| 10) | ‘non-compliance‧ means non-compliance with feed or food law, and with the rules for the protection of animal health and welfare; |
| --- | --- |

10)

‘non-compliance‧ means non-compliance with feed or food law, and with the rules for the protection of animal health and welfare;

| 11) | ‘sampling for analysis‧ means taking feed or food or any other substance (including from the environment) relevant to the production, processing and distribution of feed or food or to the health of animals, in order to verify through analysis compliance with feed or food law or animal health rules; |
| --- | --- |

11)

‘sampling for analysis‧ means taking feed or food or any other substance (including from the environment) relevant to the production, processing and distribution of feed or food or to the health of animals, in order to verify through analysis compliance with feed or food law or animal health rules;

| 12) | ‘official certification‧ means the procedure by which the competent authority or control bodies, authorised to act in such a capacity, provide written, electronic or equivalent assurance concerning compliance; |
| --- | --- |

12)

‘official certification‧ means the procedure by which the competent authority or control bodies, authorised to act in such a capacity, provide written, electronic or equivalent assurance concerning compliance;

| 13) | ‘official detention‧ means the procedure by which the competent authority ensures that feed or food is not moved or tampered with pending a decision on its destination; it includes storage by feed and food business operators in accordance with instructions from the competent authority; |
| --- | --- |

13)

‘official detention‧ means the procedure by which the competent authority ensures that feed or food is not moved or tampered with pending a decision on its destination; it includes storage by feed and food business operators in accordance with instructions from the competent authority;

| 14) | ‘equivalence‧ means the capability of different systems or measures to meet the same objectives; and ‘equivalent‧ means different systems or measures capable of meeting the same objectives; |
| --- | --- |

14)

‘equivalence‧ means the capability of different systems or measures to meet the same objectives; and ‘equivalent‧ means different systems or measures capable of meeting the same objectives;

| 15) | ‘import‧ means the release for free circulation of feed or food or the intention to release feed or food for free circulation within the meaning of Article 79 of Regulation (EEC) No 2913/92 in one of the territories referred to in Annex I; |
| --- | --- |

15)

‘import‧ means the release for free circulation of feed or food or the intention to release feed or food for free circulation within the meaning of Article 79 of Regulation (EEC) No 2913/92 in one of the territories referred to in Annex I;

| 16) | ‘introduction‧ means import as defined in point 15 above, and the placing of goods under the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92, as well as their entry into a free zone or free warehouse; |
| --- | --- |

16)

‘introduction‧ means import as defined in point 15 above, and the placing of goods under the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92, as well as their entry into a free zone or free warehouse;

| 17) | ‘documentary check‧ means the examination of commercial documents and, where appropriate, of documents required under feed or food law that are accompanying the consignment; |
| --- | --- |

17)

‘documentary check‧ means the examination of commercial documents and, where appropriate, of documents required under feed or food law that are accompanying the consignment;

| 18) | ‘identity check‧ means a visual inspection to ensure that certificates or other documents accompanying the consignment tally with the labelling and the content of the consignment; |
| --- | --- |

18)

‘identity check‧ means a visual inspection to ensure that certificates or other documents accompanying the consignment tally with the labelling and the content of the consignment;

| 19) | ‘physical check‧ means a check on the feed or food itself which may include checks on the means of transport, on the packaging, labelling and temperature, the sampling for analysis and laboratory testing and any other check necessary to verify compliance with feed or food law; |
| --- | --- |

19)

‘physical check‧ means a check on the feed or food itself which may include checks on the means of transport, on the packaging, labelling and temperature, the sampling for analysis and laboratory testing and any other check necessary to verify compliance with feed or food law;

| 20) | ‘control plan‧ means a description established by the competent authority containing general information on the structure and organisation of its official control systems. |
| --- | --- |

20)

‘control plan‧ means a description established by the competent authority containing general information on the structure and organisation of its official control systems.

TITLE II

OFFICIAL CONTROLS BY MEMBER STATES

CHAPTER I:

GENERAL OBLIGATIONS

Article 3

General obligations with regard to the organisation of official controls

1.   Member States shall ensure that official controls are carried out regularly, on a risk basis and with appropriate frequency, so as to achieve the objectives of this Regulation taking account of:

| (a) | identified risks associated with animals, feed or food, feed or food businesses, the use of feed or food or any process, material, substance, activity or operation that may influence feed or food safety, animal health or animal welfare; |
| --- | --- |

(a)

identified risks associated with animals, feed or food, feed or food businesses, the use of feed or food or any process, material, substance, activity or operation that may influence feed or food safety, animal health or animal welfare;

| (b) | feed or food business operators' past record as regards compliance with feed or food law or with animal health and animal welfare rules; |
| --- | --- |

(b)

feed or food business operators' past record as regards compliance with feed or food law or with animal health and animal welfare rules;

| (c) | the reliability of any own checks that have already been carried out; and |
| --- | --- |

(c)

the reliability of any own checks that have already been carried out; and

| (d) | any information that might indicate non-compliance. |
| --- | --- |

(d)

any information that might indicate non-compliance.

2.   Official controls shall be carried out without prior warning, except in cases such as audits where prior notification of the feed or food business operator is necessary.

Official controls may also be carried out on an ad hoc basis.

3.   Official controls shall be carried out at any of the stages of production, processing and distribution of feed or food and of animals and animal products. They shall include controls on feed and food businesses, on the use of feed and food, on the storage of feed and food, on any process, material, substance, activity or operation including transport applied to feed or food and on live animals, required to achieve the objectives of this Regulation.

4.   Official controls shall be applied, with the same care, to exports outside the Community, to the placing on the market within the Community, and to introductions from third countries into the territories referred to in Annex I.

5.   Member States shall take all necessary measures to ensure that products intended for dispatch to another Member State are controlled with the same care as those intended to be placed on the market in their own territory.

6.   The competent authority of the Member State of destination may check compliance of feed and food with feed and food law by means of non-discriminatory checks. To the extent strictly necessary for the organisation of the official controls, Member States may ask operators who have goods delivered to them from another Member State to report the arrival of such goods.

7.   If, during a check carried out at the place of destination or during storage or transport, a Member State establishes non-compliance, it shall take the appropriate measures, which may include re-dispatch to the Member State of origin.

CHAPTER II:

COMPETENT AUTHORITIES

Article 4

Designation of competent authorities and operational criteria

1.   Member States shall designate the competent authorities responsible for the purposes and official controls set out in this Regulation.

2.   The competent authorities shall ensure:

| (a) | the effectiveness and appropriateness of official controls on live animals, feed and food at all stages of production, processing and distribution, and on the use of feed; |
| --- | --- |

(a)

the effectiveness and appropriateness of official controls on live animals, feed and food at all stages of production, processing and distribution, and on the use of feed;

| (b) | that staff carrying out official controls are free from any conflict of interest; |
| --- | --- |

(b)

that staff carrying out official controls are free from any conflict of interest;

| (c) | that they have, or have access to, an adequate laboratory capacity for testing and a sufficient number of suitably qualified and experienced staff so that official controls and control duties can be carried out efficiently and effectively; |
| --- | --- |

(c)

that they have, or have access to, an adequate laboratory capacity for testing and a sufficient number of suitably qualified and experienced staff so that official controls and control duties can be carried out efficiently and effectively;

| (d) | that they have appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls efficiently and effectively; |
| --- | --- |

(d)

that they have appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls efficiently and effectively;

| (e) | that they have the legal powers to carry out official controls and to take the measures provided for in this Regulation; |
| --- | --- |

(e)

that they have the legal powers to carry out official controls and to take the measures provided for in this Regulation;

| (f) | that they have contingency plans in place, and are prepared to operate such plans in the event of an emergency; |
| --- | --- |

(f)

that they have contingency plans in place, and are prepared to operate such plans in the event of an emergency;

| (g) | that the feed and food business operators are obliged to undergo any inspection carried out in accordance with this Regulation and to assist staff of the competent authority in the accomplishment of their tasks. |
| --- | --- |

(g)

that the feed and food business operators are obliged to undergo any inspection carried out in accordance with this Regulation and to assist staff of the competent authority in the accomplishment of their tasks.

3.   When a Member State confers the competence to carry out official controls on an authority or authorities other than a central competent authority, in particular those at regional or local level, efficient and effective coordination shall be ensured between all the competent authorities involved, including where appropriate in the field of environmental and health protection.

4.   Competent authorities shall ensure the impartiality, quality and consistency of official controls at all levels. The criteria listed in paragraph 2 must be fully respected by every authority on which the competence to carry out official controls is conferred.

5.   When, within a competent authority, more than one unit is competent to carry out official controls, efficient and effective coordination and cooperation shall be ensured between the different units.

6.   Competent authorities shall carry out internal audits or may have external audits carried out, and shall take appropriate measures in the light of their results, to ensure that they are achieving the objectives of this Regulation . These audits shall be subject to independent scrutiny and shall be carried out in a transparent manner.

7.   Detailed rules for the implementation of this Article may be adopted in accordance with the procedure referred to in Article 62(3).

Article 5

Delegation of specific tasks related to official controls

1.   The competent authority may delegate specific tasks related to official controls to one or more control bodies in accordance with paragraphs 2 to 4.

A list of tasks that may or may not be delegated may be established in accordance with the procedure referred to in Article 62(3).

However, the activities referred to in Article 54 shall not be the subject of such a delegation.

2.   The competent authority may delegate specific tasks to a particular control body only if:

| (a) | there is an accurate description of the tasks that the control body may carry out and of the conditions under which it may carry them out; |
| --- | --- |

(a)

there is an accurate description of the tasks that the control body may carry out and of the conditions under which it may carry them out;

| (b) | there is proof that the control body:






  (i) | has the expertise, equipment and infrastructure required to carry out the tasks delegated to it, |
| --- | --- | --- |

(b)

there is proof that the control body:

(i)

has the expertise, equipment and infrastructure required to carry out the tasks delegated to it,

| (ii) | has a sufficient number of suitably qualified and experienced staff, and |
| --- | --- |

(ii)

has a sufficient number of suitably qualified and experienced staff, and

| (iii) | is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it; |
| --- | --- |

(iii)

is impartial and free from any conflict of interest as regards the exercise of the tasks delegated to it;

| (c) | the control body works and is accredited in accordance with European Standard EN 45004 ‘General criteria for the operation of various types of bodies performing inspection‧ and/or another standard if more relevant to the delegated tasks in question; |
| --- | --- |

(c)

the control body works and is accredited in accordance with European Standard EN 45004 ‘General criteria for the operation of various types of bodies performing inspection‧ and/or another standard if more relevant to the delegated tasks in question;

| (d) | laboratories operate in accordance with the standards referred to in Article 12(2); |
| --- | --- |

(d)

laboratories operate in accordance with the standards referred to in Article 12(2);

| (e) | the control body communicates the results of the controls carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the controls indicate non-compliance or point to the likelihood of non-compliance, the control body shall immediately inform the competent authority; |
| --- | --- |

(e)

the control body communicates the results of the controls carried out to the competent authority on a regular basis and whenever the competent authority so requests. If the results of the controls indicate non-compliance or point to the likelihood of non-compliance, the control body shall immediately inform the competent authority;

| (f) | there is efficient and effective coordination between the delegating competent authority and the control body. |
| --- | --- |

(f)

there is efficient and effective coordination between the delegating competent authority and the control body.

3.   Competent authorities delegating specific tasks to control bodies shall organise audits or inspections of control bodies as necessary. If, as a result of an audit or an inspection, it appears that such bodies are failing to carry out properly the tasks delegated to them, the delegating competent authority may withdraw the delegation. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action.

4.   Any Member State wishing to delegate a specific control task to a control body shall notify the Commission. This notification shall provide a detailed description of:

| (a) | the competent authority that would delegate the task; |
| --- | --- |

(a)

the competent authority that would delegate the task;

| (b) | the task that it would delegate; and |
| --- | --- |

(b)

the task that it would delegate; and

| (c) | the control body to which it would delegate the task. |
| --- | --- |

(c)

the control body to which it would delegate the task.

Article 6

Staff performing official controls

The competent authority shall ensure that all of its staff performing official controls:

| (a) | receive, for their area of competence, appropriate training enabling them to undertake their duties competently and to carry out official controls in a consistent manner . This training shall cover as appropriate the areas referred to in Annex II, Chapter I; |
| --- | --- |

(a)

receive, for their area of competence, appropriate training enabling them to undertake their duties competently and to carry out official controls in a consistent manner . This training shall cover as appropriate the areas referred to in Annex II, Chapter I;

| (b) | keep up-to-date in their area of competence and receive regular additional training as necessary; and |
| --- | --- |

(b)

keep up-to-date in their area of competence and receive regular additional training as necessary; and

| (c) | have aptitude for multidisciplinary cooperation. |
| --- | --- |

(c)

have aptitude for multidisciplinary cooperation.

Article 7

Transparency and Confidentiality

1.   The competent authorities shall ensure that they carry out their activities with a high level of transparency. For that purpose, relevant information held by them shall be made available to the public as soon as possible.

In general, the public shall have access to:

| (a) | information on the control activities of the competent authorities and their effectiveness, and |
| --- | --- |

(a)

information on the control activities of the competent authorities and their effectiveness, and

| (b) | information pursuant to Article 10 of Regulation (EC) No 178/2002. |
| --- | --- |

(b)

information pursuant to Article 10 of Regulation (EC) No 178/2002.

2.   The competent authority shall take steps to ensure that members of their staff are required not to disclose information acquired when undertaking their official control duties which by its nature is covered by professional secrecy in duly justified cases. Protection of professional secrecy shall not prevent the dissemination by the competent authorities of information referred to in paragraph 1(b). The rules of 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 (34) remain unaffected.

3.   Information covered by professional secrecy includes in particular:

| — | the confidentiality of preliminary investigation proceedings or of current legal proceedings; |
| --- | --- |

—

the confidentiality of preliminary investigation proceedings or of current legal proceedings;

| — | personal data; |
| --- | --- |

—

personal data;

| — | the documents covered by an exception in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (35); |
| --- | --- |

—

the documents covered by an exception in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (35);

| — | information protected by national and Community legislation concerning in particular professional secrecy, the confidentiality of deliberations, international relations and national defence. |
| --- | --- |

—

information protected by national and Community legislation concerning in particular professional secrecy, the confidentiality of deliberations, international relations and national defence.

Article 8

Control and verification procedures

1.   Competent authorities shall carry out official controls in accordance with documented procedures. These procedures shall contain information and instructions for staff performing official controls including, inter alia, the areas referred to in Annex II, Chapter II.

2.   Member States shall ensure that they have legal procedures in place in order to ensure that staff of the competent authorities have access to premises of and documentation kept by feed and food business operators so as to be able to accomplish their tasks properly.

3.   Competent authorities shall have procedures in place:

| (a) | to verify the effectiveness of official controls that they carry out; and |
| --- | --- |

(a)

to verify the effectiveness of official controls that they carry out; and

| (b) | to ensure that corrective action is taken when needed and that the documentation referred to in paragraph 1 is updated as appropriate. |
| --- | --- |

(b)

to ensure that corrective action is taken when needed and that the documentation referred to in paragraph 1 is updated as appropriate.

4.   The Commission may establish guidelines for official controls in accordance with the procedure referred to in Article 62 (2).

The guidelines may, in particular, contain recommendations concerning official controls on:

| (a) | the implementation of HACCP principles; |
| --- | --- |

(a)

the implementation of HACCP principles;

| (b) | management systems that feed or food business operators operate with a view to meeting the requirements of feed or food law; |
| --- | --- |

(b)

management systems that feed or food business operators operate with a view to meeting the requirements of feed or food law;

| (c) | the microbiological, physical and chemical safety of feed and food. |
| --- | --- |

(c)

the microbiological, physical and chemical safety of feed and food.

Article 9

Reports

1.   The competent authority shall draw up reports on the official controls that it has carried out.

2.   These reports shall include a description of the purpose of the official controls, the control methods applied, the results of the official controls and, where appropriate, action that the business operator concerned is to take.

3.   The competent authority shall provide the business operator concerned with a copy of the report referred to in paragraph 2, at least in case of non-compliance.

Article 10

Control activities, methods and techniques

1.   Tasks related to official controls shall, in general, be carried out using appropriate control methods and techniques such as monitoring, surveillance, verification, audit, inspection, sampling and analysis.

2.   Official controls on feed and food shall include, inter alia, the following activities:

| (a) | examination of any control systems that feed and food business operators have put in place and the results obtained; |
| --- | --- |

(a)

examination of any control systems that feed and food business operators have put in place and the results obtained;

| (b) | inspection of:






  (i) | primary producers' installations, feed and food businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport, as well as of feed and food; |
| --- | --- | --- |

(b)

inspection of:

(i)

primary producers' installations, feed and food businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport, as well as of feed and food;

| (ii) | raw materials, ingredients, processing aids and other products used for the preparation and production of feed and food; |
| --- | --- |

(ii)

raw materials, ingredients, processing aids and other products used for the preparation and production of feed and food;

| (iii) | semi-finished products; |
| --- | --- |

(iii)

semi-finished products;

| (iv) | materials and articles intended to come into contact with food; |
| --- | --- |

(iv)

materials and articles intended to come into contact with food;

| (v) | cleaning and maintenance products and processes, and pesticides; |
| --- | --- |

(v)

cleaning and maintenance products and processes, and pesticides;

| (vi) | labelling, presentation and advertising; |
| --- | --- |

(vi)

labelling, presentation and advertising;

| (c) | checks on the hygiene conditions in feed and food businesses; |
| --- | --- |

(c)

checks on the hygiene conditions in feed and food businesses;

| (d) | assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and HACCP, taking into account the use of guides established in accordance with Community legislation; |
| --- | --- |

(d)

assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and HACCP, taking into account the use of guides established in accordance with Community legislation;

| (e) | examination of written material and other records which may be relevant to the assessment of compliance with feed or food law; |
| --- | --- |

(e)

examination of written material and other records which may be relevant to the assessment of compliance with feed or food law;

| (f) | interviews with feed and food business operators and with their staff; |
| --- | --- |

(f)

interviews with feed and food business operators and with their staff;

| (g) | the reading of values recorded by feed or food business measuring instruments; |
| --- | --- |

(g)

the reading of values recorded by feed or food business measuring instruments;

| (h) | controls carried out with the competent authority's own instruments to verify measurements taken by feed and food business operators; |
| --- | --- |

(h)

controls carried out with the competent authority's own instruments to verify measurements taken by feed and food business operators;

| (i) | any other activity required to ensure that the objectives of this Regulation are met. |
| --- | --- |

(i)

any other activity required to ensure that the objectives of this Regulation are met.

CHAPTER III:

SAMPLING AND ANALYSIS

Article 11

Methods of sampling and analysis

1.   Sampling and analysis methods used in the context of official controls shall comply with relevant Community rules or,

| (a) | if no such rules exist, with internationally recognised rules or protocols, for example those that the European Committee for standardisation (CEN) has accepted or those agreed in national legislation; or, |
| --- | --- |

(a)

if no such rules exist, with internationally recognised rules or protocols, for example those that the European Committee for standardisation (CEN) has accepted or those agreed in national legislation; or,

| (b) | in the absence of the above, with other methods fit for the intended purpose or developed in accordance with scientific protocols. |
| --- | --- |

(b)

in the absence of the above, with other methods fit for the intended purpose or developed in accordance with scientific protocols.

2.   Where paragraph 1 does not apply, validation of methods of analysis may take place within a single laboratory according to an internationally accepted protocol.

3.   Wherever possible, methods of analysis shall be characterised by the appropriate criteria set out in Annex III.

4.   The following implementing measures may be taken in accordance with the procedure referred to in Article 62(3):

| (a) | methods of sampling and analysis, including the confirmatory or reference methods to be used in the event of a dispute; |
| --- | --- |

(a)

methods of sampling and analysis, including the confirmatory or reference methods to be used in the event of a dispute;

| (b) | performance criteria, analysis parameters, measurement uncertainty and procedures for the validation of the methods referred to in (a); and |
| --- | --- |

(b)

performance criteria, analysis parameters, measurement uncertainty and procedures for the validation of the methods referred to in (a); and

| (c) | rules on the interpretation of results. |
| --- | --- |

(c)

rules on the interpretation of results.

5.   The competent authorities shall establish adequate procedures in order to guarantee the right of feed and food business operators whose products are subject to sampling and analysis to apply for a supplementary expert opinion, without prejudice to the obligation of competent authorities to take prompt action in case of emergency.

6.   In particular, they shall ensure that feed and food business operators can obtain sufficient numbers of samples for a supplementary expert opinion, unless impossible in case of highly perishable products or very low quantity of available substrate.

7.   Samples must be handled and labelled in such a way as to guarantee both their legal and analytical validity.

Article 12

Official laboratories

1.   The competent authority shall designate laboratories that may carry out the analysis of samples taken during official controls.

2.   However, competent authorities may only designate laboratories that operate and are assessed and accredited in accordance with the following European Standards:

| (a) | EN ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories‧; |
| --- | --- |

(a)

EN ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories‧;

| (b) | EN 45002 on ‘General criteria for the assessment of testing laboratories‧; |
| --- | --- |

(b)

EN 45002 on ‘General criteria for the assessment of testing laboratories‧;

| (c) | EN 45003 on ‘Calibration and testing laboratory accreditation system-General requirements for operation and recognition‧, |
| --- | --- |

(c)

EN 45003 on ‘Calibration and testing laboratory accreditation system-General requirements for operation and recognition‧,

taking into account criteria for different testing methods laid down in Community feed and food law.

3.   The accreditation and assessment of testing laboratories referred to in paragraph 2 may relate to individual tests or groups of tests.

4.   The competent authority may cancel the designation referred to in paragraph 1 when the conditions referred to in paragraph 2 are no longer fulfilled.

CHAPTER IV:

CRISIS MANAGEMENT

Article 13

Contingency plans for feed and food

1.   For the implementation of the general plan for crisis management referred to in Article 55 of Regulation (EC) No 178/2002, Member States shall draw up operational contingency plans setting out measures to be implemented without delay when feed or food is found to pose a serious risk to humans or animals either directly or through the environment.

2.   These contingency plans shall specify:

| (a) | the administrative authorities to be engaged; |
| --- | --- |

(a)

the administrative authorities to be engaged;

| (b) | their powers and responsibilities; and |
| --- | --- |

(b)

their powers and responsibilities; and

| (c) | channels and procedures for sharing information between the relevant parties. |
| --- | --- |

(c)

channels and procedures for sharing information between the relevant parties.

3.   Member States shall review these contingency plans as appropriate, particularly in the light of changes in the organisation of the competent authority and of experience, including experience gained from simulation exercises.

4.   Where necessary, implementing measures may be adopted in accordance with the procedure referred to in Article 62(3). Such measures shall establish harmonised rules for contingency plans to the extent necessary to ensure that such plans are compatible with the general plan for crisis management referred to in Article 55 of Regulation (EC) No 178/2002. They shall also indicate the role of stakeholders in the establishment and operation of contingency plans.

CHAPTER V:

OFFICIAL CONTROLS ON THE INTRODUCTION OF FEED AND FOOD FROM THIRD COUNTRIES

Article 14

Official controls on feed and food of animal origin

1.   This Regulation shall not affect the requirements for veterinary checks on feed and food of animal origin provided for in Directive 97/78/EC. However, the competent authority designated in accordance with Directive 97/78/EC shall, in addition, carry out official controls to verify compliance with aspects of feed or food law that that Directive does not cover, as appropriate, including those aspects referred to in Title VI, Chapter II of this Regulation.

2.   The general rules of Articles 18 to 25 of this Regulation shall also apply to official controls on all feed and food, including feed and food of animal origin.

3.   Satisfactory results of checks on goods that are:

| (a) | placed under one of the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92; or |
| --- | --- |

(a)

placed under one of the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92; or

| (b) | to be handled in free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92, |
| --- | --- |

(b)

to be handled in free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92,

shall neither affect the duty of feed and food business operators to ensure that feed and food comply with feed and food law from the moment of release for free circulation nor prevent further official controls on the feed or food concerned from being carried out.

Article 15

Official controls on feed and food of non-animal origin

1.   The competent authority shall carry out regular official controls on feed and food of non-animal origin not included in the scope of Directive 97/78/EC, imported into the territories referred to in Annex I. It shall organise these controls on the basis of the multi-annual national control plan drawn up in accordance with Articles 41 to 43 and in the light of potential risks. The controls shall cover all aspects of feed and food law.

2.   These controls shall be carried out at an appropriate place, including the point of entry of the goods into one of the territories referred to in Annex I, the point of release for free circulation, warehouses, the premises of the importing feed and food business operator, or other points of the feed and food chain.

3.   These controls may also be carried out on goods that are:

| (a) | placed under one of the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92; or |
| --- | --- |

(a)

placed under one of the customs procedures referred to in points (b) to (f) of Article 4(16) of Regulation (EEC) No 2913/92; or

| (b) | to enter free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92. |
| --- | --- |

(b)

to enter free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92.

4.   Satisfactory results of checks referred to in paragraph 3 shall neither affect the duty of feed and food business operators to ensure that feed and food comply with feed and food law from the moment of release for free circulation nor prevent further official controls on the feed or food concerned from being carried out.

5.   A list of feed and food of non-animal origin that is, on the basis of known or emerging risk, to be subject to an increased level of official controls at the point of entry into territories referred to in Annex I shall be drawn up and updated, in accordance with the procedure referred to in Article 62(3). The frequency and nature of these controls shall be laid down in accordance with the same procedure. At the same time, the fees related to such controls may be established in accordance with the same procedure.

Article 16

Types of checks on feed and food of non-animal origin

1.   The official controls referred to in Article 15(1) shall include at least a systematic documentary check, a random identity check and, as appropriate, a physical check.

2.   Physical checks shall be carried out at a frequency depending on:

| (a) | the risks associated with different types of feed and food; |
| --- | --- |

(a)

the risks associated with different types of feed and food;

| (b) | the history of compliance with the requirements for the product concerned of the third country and establishment of origin and of the feed or food business operators importing and exporting the product; |
| --- | --- |

(b)

the history of compliance with the requirements for the product concerned of the third country and establishment of origin and of the feed or food business operators importing and exporting the product;

| (c) | the controls that the feed or food business operator importing the product has carried out; |
| --- | --- |

(c)

the controls that the feed or food business operator importing the product has carried out;

| (d) | the guarantees that the competent authority of the third country of origin has given. |
| --- | --- |

(d)

the guarantees that the competent authority of the third country of origin has given.

3.   The Member States shall ensure that physical checks are carried out under appropriate conditions and at a place with access to appropriate control facilities allowing investigations to be conducted properly, a number of samples adapted to the risk management to be taken, and the feed and food to be handled hygienically. Samples must be handled in such a way as to guarantee both their legal and analytical validity. Member States shall ensure that the equipment and methodology are adequate for measuring the limit values laid down under Community or national legislation.

Article 17

Points of entry and prior notification

1.   Member States shall, for the organisation of the official controls referred to in Article 15(5):

| — | designate particular points of entry in their territory which have access to the appropriate control facilities for different types of feed and food; and |
| --- | --- |

—

designate particular points of entry in their territory which have access to the appropriate control facilities for different types of feed and food; and

| — | require feed and food business operators responsible for consignments to give prior notification of their arrival and nature. |
| --- | --- |

—

require feed and food business operators responsible for consignments to give prior notification of their arrival and nature.

Member States may apply the same rules for other feed of non-animal origin.

2.   Member States shall inform the Commission and other Member States of any measures that they take in accordance with paragraph 1.

They shall design those measures in such a way as to avoid unnecessary disruption of trade.

Article 18

Action in case of suspicion

In case of suspicion of non-compliance or if there is doubt as to the identity or the actual destination of the consignment, or as to the correspondence between the consignment and the certified guarantees, the competent authority shall carry out official controls in order to confirm or to eliminate the suspicion or doubt. The competent authority shall place the consignment concerned under official detention until it obtains the results of such official controls.

Article 19

Action following official controls on feed and food from third countries

1.   The competent authority shall place under official detention feed or food from third countries that does not comply with feed or food law and, having heard the feed or food business operators responsible for the consignment, it shall take the following measures in respect of such feed or food:

| (a) | order that such feed or food be destroyed, subjected to a special treatment in accordance with Article 20 or re-dispatched outside the Community in accordance with Article 21; other appropriate measures such as the use of feed or food for purposes other than those for which they were originally intended may also be taken. |
| --- | --- |

(a)

order that such feed or food be destroyed, subjected to a special treatment in accordance with Article 20 or re-dispatched outside the Community in accordance with Article 21; other appropriate measures such as the use of feed or food for purposes other than those for which they were originally intended may also be taken.

| (b) | if the feed or food has already been placed on the market, monitor or, if necessary, order its recall or withdrawal before taking one of the measures referred to above; |
| --- | --- |

(b)

if the feed or food has already been placed on the market, monitor or, if necessary, order its recall or withdrawal before taking one of the measures referred to above;

| (c) | verify that feed and food does not give rise to any adverse effects on human or animal health, either directly or through the environment, during or pending the implementation of any of the measures referred to in subparagraphs (a) and (b). |
| --- | --- |

(c)

verify that feed and food does not give rise to any adverse effects on human or animal health, either directly or through the environment, during or pending the implementation of any of the measures referred to in subparagraphs (a) and (b).

2.   If, however:

| (a) | the official controls provided for in Articles 14 and 15 indicate that a consignment is injurious to human or animal health or unsafe, the competent authority shall place the consignment in question under official detention pending its destruction or any other appropriate measure necessary to protect human and animal health; |
| --- | --- |

(a)

the official controls provided for in Articles 14 and 15 indicate that a consignment is injurious to human or animal health or unsafe, the competent authority shall place the consignment in question under official detention pending its destruction or any other appropriate measure necessary to protect human and animal health;

| (b) | feed or food of non-animal origin for which an increased level of controls has been laid down in accordance with Article 15(5) is not presented for official controls, or is not presented in accordance with any specific requirements established in accordance with Article 17, the competent authority shall order that it be recalled and placed under official detention without delay and that it be then either destroyed or re-dispatched in accordance with Article 21. |
| --- | --- |

(b)

feed or food of non-animal origin for which an increased level of controls has been laid down in accordance with Article 15(5) is not presented for official controls, or is not presented in accordance with any specific requirements established in accordance with Article 17, the competent authority shall order that it be recalled and placed under official detention without delay and that it be then either destroyed or re-dispatched in accordance with Article 21.

3.   When it does not permit the introduction of feed or food, the competent authority shall notify the Commission and other Member States of its findings and of the identification of the products concerned in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services, together with information as regards the final destination of the consignment.

4.   Decisions on consignments shall be subject to the right of appeal referred to in Article 54(3).

Article 20

Special treatment

1.   The special treatment referred to in Article 19 may include:

| (a) | treatment or processing to bring the feed or food into line with the requirements of Community law, or with the requirements of a third country of re-dispatch, including decontamination, where appropriate, but excluding dilution; |
| --- | --- |

(a)

treatment or processing to bring the feed or food into line with the requirements of Community law, or with the requirements of a third country of re-dispatch, including decontamination, where appropriate, but excluding dilution;

| (b) | processing in any other suitable manner for purposes other than animal or human consumption. |
| --- | --- |

(b)

processing in any other suitable manner for purposes other than animal or human consumption.

2.   The competent authority shall ensure that special treatment takes place in establishments under its control, or under the control of another Member State, and in accordance with conditions laid down in accordance with the procedure referred to in Article 62(3) or, in the absence of such conditions, with national rules.

Article 21

Re-dispatch of consignments

1.   The competent authority shall allow re-dispatch of consignments only if:

| (a) | the destination has been agreed with the feed or food business operator responsible for the consignment; and |
| --- | --- |

(a)

the destination has been agreed with the feed or food business operator responsible for the consignment; and

| (b) | the feed and food business operator has first informed the competent authority of the third country of origin or third country of destination, if different, of the reasons and circumstances preventing the placing on the market of the feed or food concerned within the Community; and |
| --- | --- |

(b)

the feed and food business operator has first informed the competent authority of the third country of origin or third country of destination, if different, of the reasons and circumstances preventing the placing on the market of the feed or food concerned within the Community; and

| (c) | when the third country of destination is not the third country of origin, the competent authority of the third country of destination has notified the competent authority of its preparedness to accept the consignment. |
| --- | --- |

(c)

when the third country of destination is not the third country of origin, the competent authority of the third country of destination has notified the competent authority of its preparedness to accept the consignment.

2.   Without prejudice to the national rules applicable with respect to the time limits for applying for a supplementary expert opinion, and where the results of official controls do not preclude it, re-dispatch shall, as a general rule, take place no more than 60 days after the day on which the competent authority decided on the destination of the consignment, unless legal action has been undertaken. If, after the expiry of the 60 day period, re-dispatch does not take place, the consignment shall be destroyed, unless a delay is justified.

3.   Pending re-dispatch of consignments or confirmation of the reasons for rejection, the competent authority shall place consignments under official detention.

4.   The competent authority shall notify the Commission and other Member States in accordance with the procedure provided for in Article 50(3) of Regulation (EC) No 178/2002 and shall notify its decisions to the customs services . Competent authorities shall cooperate in accordance with Title IV to take any further measures necessary to ensure that it is not possible to reintroduce the rejected consignments into the Community.

Article 22

Costs

The feed or food business operator responsible for the consignment or its representative shall be liable for the costs incurred by competent authorities for the activities referred to in Articles 18, 19, 20 and 21.

Article 23

Approval of pre-export checks by third countries

1.   Specific pre-export checks that a third country carries out on feed and food immediately prior to export to the Community with a view to verifying that the exported products satisfy Community requirements may be approved in accordance with the procedure referred to in Article 62(3). The approval may apply only to feed and food originating in the third country concerned and may be granted for one or more products.

2.   Where such approval has been granted, the frequency of import controls for feed or food may be reduced as a consequence . However, Member States shall carry out official controls on feed and food imported in accordance with the approval referred to in paragraph 1 so as to ensure that the pre-export checks carried out in the third country remain effective.

3.   The approval referred to in paragraph 1 may only be granted to a third country if:

| (a) | a Community audit has shown that feed or food exported to the Community meets Community requirements, or equivalent requirements; |
| --- | --- |

(a)

a Community audit has shown that feed or food exported to the Community meets Community requirements, or equivalent requirements;

| (b) | the controls carried out in the third country prior to dispatch are considered sufficiently effective and efficient as to replace or reduce the documentary, identity and physical checks laid down in Community law. |
| --- | --- |

(b)

the controls carried out in the third country prior to dispatch are considered sufficiently effective and efficient as to replace or reduce the documentary, identity and physical checks laid down in Community law.

4.   The approval referred to in paragraph 1 shall specify the competent authority of the third country under the responsibility of which the pre-export checks are performed and, if appropriate, any control body to which that competent authority may delegate certain tasks . Such delegation may be approved only if it meets the criteria of Article 5 or equivalent conditions.

5.   The competent authority and any control body specified in the approval shall be responsible for contacts with the Community.

6.   The competent authority or control body of the third country shall ensure the official certification of each consignment checked prior to its entry into one of the territories referred to in Annex I. The approval referred to in paragraph 1 shall specify a model for such certificates.

7.   Without prejudice to Article 50(3) of Regulation (EC) No 178/2002, when official controls on imports subject to the procedure referred to in paragraph 2 reveal significant non-compliance, Member States shall immediately notify the Commission and other Member States and the operators concerned in accordance with the procedure provided for in Title IV of this Regulation; Member States shall increase the number of consignments checked and, where necessary to allow a proper analytical examination of the situation, keep an appropriate number of samples under appropriate storage conditions.

8.   If it is found that, in a significant number of consignments, the goods do not correspond to the information in the certificates that the competent authority or control body of the third country has issued, the reduced frequency referred to in paragraph 2 shall no longer apply.

Article 24

Competent authorities and customs services

1.   For the organisation of the official controls referred to in this Chapter, the competent authorities and the customs services shall cooperate closely.

2.   With regard to consignments of feed and food of animal origin and of feed and food referred to in Article 15(5), customs services shall not allow their entry or handling in free zones or free warehouses without the agreement of the competent authority.

3.   Where samples are taken, the competent authority shall inform the customs services and the operators concerned and indicate whether or not the goods can be released before the results of the analysis of the samples are available, provided the traceability of the consignment is ensured.

4.   In the case of release for free circulation, competent authorities and customs services shall work together in accordance with the requirements laid down in Articles 2 to 6 of Regulation (EEC) No 339/93.

Article 25

Implementing measures

1.   Measures necessary to ensure the uniform implementation of official controls on the introduction of feed and food shall be laid down in accordance with the procedure referred to in Article 62(3).

2.   In particular, detailed rules may be laid down for:

| (a) | feed and food imported or placed under one of the customs procedures referred to in Article 4(16)(b) to (f) of Regulation (EEC) No 2913/92 or that are to be handled in free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92; |
| --- | --- |

(a)

feed and food imported or placed under one of the customs procedures referred to in Article 4(16)(b) to (f) of Regulation (EEC) No 2913/92 or that are to be handled in free zones or free warehouses, as defined in Article 4(15)(b) of Regulation (EEC) No 2913/92;

| (b) | food for the supply of the crew and passengers of international means of transport; |
| --- | --- |

(b)

food for the supply of the crew and passengers of international means of transport;

| (c) | feed and food ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer; |
| --- | --- |

(c)

feed and food ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer;

| (d) | feed intended for pets or horses and food carried by passengers and crew of international means of transport; |
| --- | --- |

(d)

feed intended for pets or horses and food carried by passengers and crew of international means of transport;

| (e) | specific conditions or exemptions concerning certain territories referred to in Article 3 of Regulation (EEC) No 2913/92, so as to take account of the natural constraints specific to those territories; |
| --- | --- |

(e)

specific conditions or exemptions concerning certain territories referred to in Article 3 of Regulation (EEC) No 2913/92, so as to take account of the natural constraints specific to those territories;

| (f) | the purpose of ensuring the consistency of decisions by competent authorities concerning feed and food from third countries within the framework of Article 19; |
| --- | --- |

(f)

the purpose of ensuring the consistency of decisions by competent authorities concerning feed and food from third countries within the framework of Article 19;

| (g) | consignments of Community origin that are returned from a third country; |
| --- | --- |

(g)

consignments of Community origin that are returned from a third country;

| (h) | documents that must accompany consignments when samples have been taken. |
| --- | --- |

(h)

documents that must accompany consignments when samples have been taken.

CHAPTER VI:

FINANCING OF OFFICIAL CONTROLS

Article 26

General principle

Member States shall ensure that adequate financial resources are available to provide the necessary staff and other resources for official controls by whatever means considered appropriate, including through general taxation or by establishing fees or charges.

Article 27

Fees or charges

1.   Member States may collect fees or charges to cover the costs occasioned by official controls.

2.   However, as regards the activities referred to in Annex IV, section A, and Annex V, section A, Member States shall ensure the collection of a fee.

3.   Without prejudice to paragraphs 4 and 6, fees collected as regards the specific activities mentioned in Annex IV, section A and Annex V, section A shall not be lower than the minimum rates specified in Annex IV, section B and Annex V, section B. However, for a transitional period until 1 January 2008, as regards the activities referred to in Annex IV, section A, Member States may continue to use the rates currently applied pursuant to Directive 85/73/EEC.

The rates in Annex IV, Section B and Annex V, Section B shall be updated at least every two years, in accordance with the procedure referred to in Article 62(3), in particular to take account of inflation.

4.   Fees collected for the purposes of official controls in accordance with paragraph 1 or 2:

| (a) | shall not be higher than the costs borne by the responsible competent authorities in relation to the items listed in Annex VI; and |
| --- | --- |

(a)

shall not be higher than the costs borne by the responsible competent authorities in relation to the items listed in Annex VI; and

| (b) | may be fixed at a flat-rate on the basis of the costs borne by the competent authorities over a given period of time or, where applicable, at the amounts fixed in Annex IV, section B or in Annex V, section B. |
| --- | --- |

(b)

may be fixed at a flat-rate on the basis of the costs borne by the competent authorities over a given period of time or, where applicable, at the amounts fixed in Annex IV, section B or in Annex V, section B.

5.   In setting the fees Member States shall take into consideration:

| (a) | the type of business concerned and relevant risk factors; |
| --- | --- |

(a)

the type of business concerned and relevant risk factors;

| (b) | the interests of businesses with a low throughput; |
| --- | --- |

(b)

the interests of businesses with a low throughput;

| (c) | traditional methods used for production, processing and distribution; |
| --- | --- |

(c)

traditional methods used for production, processing and distribution;

| (d) | the needs of businesses located in regions subject to particular geographical constraints. |
| --- | --- |

(d)

the needs of businesses located in regions subject to particular geographical constraints.

6.   When, in view of own-check and tracing systems implemented by the feed or food business as well as of the level of compliance found during official controls, for a certain type of feed or food or activities, official controls are carried out with a reduced frequency or to take account of the criteria referred to in paragraph 5(b) to (d), Member States may set the official control fee below the minimum rates referred to in paragraph 4(b), provided that the Member State concerned provides the Commission with a report specifying:

| (a) | the type of feed or food or activity concerned; |
| --- | --- |

(a)

the type of feed or food or activity concerned;

| (b) | the controls performed in the feed and food business concerned; and |
| --- | --- |

(b)

the controls performed in the feed and food business concerned; and

| (c) | the method for calculating the reduction of the fee. |
| --- | --- |

(c)

the method for calculating the reduction of the fee.

7.   When the competent authority carries out several official controls at the same time in a single establishment, it shall consider these controls as a single activity and charge a single fee.

8.   Fees relating to import controls are to be paid by the operator or his representative to the competent authority in charge of import controls.

9.   Fees shall not directly or indirectly be refunded, unless unduly collected.

10.   Without prejudice to the costs deriving from the expenses referred to in Article 28, Member States shall not collect any fees other than those referred to in this Article for the implementation of this Regulation.

11.   Operators or other relevant businesses or their representatives shall receive proof of their payment of fees.

12.   The Member States shall make public the method of calculation of fees and communicate it to the Commission. The Commission shall examine whether the fees comply with the requirements of this Regulation.

Article 28

Expenses arising from additional official controls

When the detection of non-compliance leads to official controls that exceed the competent authority's normal control activities, the competent authority shall charge the operators responsible for the non-compliance, or may charge the operator owning or keeping the goods at the time when the additional official controls are carried out, for the expenses arising from the additional official controls. Normal control activities are the routine control activities required under Community or national law and, in particular, those described in the plan provided for in Article 41. Activities that exceed normal control activities include the taking and analysis of samples as well as other controls that are required to check the extent of a problem, to verify whether corrective action has been taken, or to detect and/or substantiate noncompliance.

Article 29

Level of expenses

When setting the level of expenses referred to in Article 28, account shall be taken of the principles laid down in Article 27.

CHAPTER VII:

OTHER PROVISIONS

Article 30

Official certification

1.   Without prejudice to requirements concerning official certification adopted for animal health or animal welfare purposes, requirements may be adopted, in accordance with the procedure referred to in Article 62(3), concerning:

| (a) | the circumstances in which official certification is required; |
| --- | --- |

(a)

the circumstances in which official certification is required;

| (b) | model certificates; |
| --- | --- |

(b)

model certificates;

| (c) | qualifications of the certifying staff; |
| --- | --- |

(c)

qualifications of the certifying staff;

| (d) | the principles to be respected to ensure reliable certification, including electronic certification; |
| --- | --- |

(d)

the principles to be respected to ensure reliable certification, including electronic certification;

| (e) | the procedures to be followed in case of withdrawal of certificates and for replacement certificates; |
| --- | --- |

(e)

the procedures to be followed in case of withdrawal of certificates and for replacement certificates;

| (f) | consignments that are split into smaller consignments or that are mixed with other consignments; |
| --- | --- |

(f)

consignments that are split into smaller consignments or that are mixed with other consignments;

| (g) | documents that must follow goods after official controls have been carried out. |
| --- | --- |

(g)

documents that must follow goods after official controls have been carried out.

2.   Where official certification is required, it shall be ensured that:

| (a) | a link exists between the certificate and the consignment; |
| --- | --- |

(a)

a link exists between the certificate and the consignment;

| (b) | the information in the certificate is accurate and authentic. |
| --- | --- |

(b)

the information in the certificate is accurate and authentic.

3.   A single model certificate shall, where appropriate, combine requirements concerning the official certification of feed and food and other requirements for official certification.

Article 31

Registration/approval of feed and food business establishments

| 1. | (a) | Competent authorities shall establish procedures for feed and food business operators to follow when applying for the registration of their establishments in accordance with Regulation (EC) No .../... (36), Directive 95/69/EC, or with the future Regulation on feed hygiene; |
| --- | --- | --- |
| (b) | They shall draw up and keep up-to-date a list of feed and food business operators which have been registered. Where such a list already exists for other purposes, it may also be used for the purposes of this Regulation. |

1.

(a)

Competent authorities shall establish procedures for feed and food business operators to follow when applying for the registration of their establishments in accordance with Regulation (EC) No .../... (36), Directive 95/69/EC, or with the future Regulation on feed hygiene;

(b)

They shall draw up and keep up-to-date a list of feed and food business operators which have been registered. Where such a list already exists for other purposes, it may also be used for the purposes of this Regulation.

| 2. | (a) | Competent authorities shall establish procedures for feed and food business operators to follow when applying for the approval of their establishments in accordance with Regulation (EC) No .../... (37), Regulation (EC) No .../... (38), Directive 95/69/EC or with the future Regulation on feed hygiene; |
| --- | --- | --- |
| (b) | Upon receipt of an application for approval from a feed or food business operator, the competent authority shall make an on-site visit; |
| (c) | It shall approve an establishment for the activities concerned only if the feed or food business operator has demonstrated that it complies with the relevant requirements of feed or food law; |
| (d) | The competent authority may grant conditional approval if it appears that the establishment meets all the infrastructure and equipment requirements. It shall grant full approval only if it appears from a new official control of the establishment, carried out within three months of granting conditional approval, that the establishment meets the other relevant requirements of feed or food law. If clear progress has been made but the establishment still does not meet all of the relevant requirements, the competent authority may prolong conditional approval. However, conditional approval shall not exceed a total of six months; |
| (e) | The competent authority shall keep the approval of establishments under review when carrying out official controls. If the competent authority identifies serious deficiencies or has to stop production at an establishment repeatedly and the feed or food business operator is not able to provide adequate guarantees regarding future production, the competent authority shall initiate procedures to withdraw the establishment's approval. However, the competent authority may suspend an establishment's approval if the feed or food business operator can guarantee that it will resolve deficiencies within a reasonable time; |
| (f) | The competent authorities shall maintain up-to-date lists of approved establishments and make them available to other Member States and to the public in a manner that may be specified in accordance with the procedure referred to in Article 62(3). |

2.

(a)

Competent authorities shall establish procedures for feed and food business operators to follow when applying for the approval of their establishments in accordance with Regulation (EC) No .../... (37), Regulation (EC) No .../... (38), Directive 95/69/EC or with the future Regulation on feed hygiene;

(b)

Upon receipt of an application for approval from a feed or food business operator, the competent authority shall make an on-site visit;

(c)

It shall approve an establishment for the activities concerned only if the feed or food business operator has demonstrated that it complies with the relevant requirements of feed or food law;

(d)

The competent authority may grant conditional approval if it appears that the establishment meets all the infrastructure and equipment requirements. It shall grant full approval only if it appears from a new official control of the establishment, carried out within three months of granting conditional approval, that the establishment meets the other relevant requirements of feed or food law. If clear progress has been made but the establishment still does not meet all of the relevant requirements, the competent authority may prolong conditional approval. However, conditional approval shall not exceed a total of six months;

(e)

The competent authority shall keep the approval of establishments under review when carrying out official controls. If the competent authority identifies serious deficiencies or has to stop production at an establishment repeatedly and the feed or food business operator is not able to provide adequate guarantees regarding future production, the competent authority shall initiate procedures to withdraw the establishment's approval. However, the competent authority may suspend an establishment's approval if the feed or food business operator can guarantee that it will resolve deficiencies within a reasonable time;

(f)

The competent authorities shall maintain up-to-date lists of approved establishments and make them available to other Member States and to the public in a manner that may be specified in accordance with the procedure referred to in Article 62(3).

TITLE III

REFERENCE LABORATORIES

Article 32

Community reference laboratories

1.   The Community reference laboratories for feed and food referred to in Annex VII shall be responsible for:

| (a) | providing national reference laboratories with details of analytical methods, including reference methods; |
| --- | --- |

(a)

providing national reference laboratories with details of analytical methods, including reference methods;

| (b) | coordinating application by the national reference laboratories of the methods referred to in (a), in particular by organising comparative testing and by ensuring an appropriate follow-up of such comparative testing in accordance with internationally accepted protocols, when available; |
| --- | --- |

(b)

coordinating application by the national reference laboratories of the methods referred to in (a), in particular by organising comparative testing and by ensuring an appropriate follow-up of such comparative testing in accordance with internationally accepted protocols, when available;

| (c) | coordinating, within their area of competence, practical arrangements needed to apply new analytical methods and informing national reference laboratories of advances in this field; |
| --- | --- |

(c)

coordinating, within their area of competence, practical arrangements needed to apply new analytical methods and informing national reference laboratories of advances in this field;

| (d) | conducting initial and further training courses for the benefit of staff from national reference laboratories and of experts from developing countries; |
| --- | --- |

(d)

conducting initial and further training courses for the benefit of staff from national reference laboratories and of experts from developing countries;

| (e) | providing scientific and technical assistance to the Commission, especially in cases where Member States contest the results of analyses; |
| --- | --- |

(e)

providing scientific and technical assistance to the Commission, especially in cases where Member States contest the results of analyses;

| (f) | collaborating with laboratories responsible for analysing feed and food in third countries. |
| --- | --- |

(f)

collaborating with laboratories responsible for analysing feed and food in third countries.

2.   The Community reference laboratories in the animal health sector shall be responsible for:

| (a) | coordinating the methods employed in the Member States for diagnosing diseases; |
| --- | --- |

(a)

coordinating the methods employed in the Member States for diagnosing diseases;

| (b) | assisting actively in the diagnosis of disease outbreaks in Member States by receiving pathogen isolates for confirmatory diagnosis, characterisation and epizootic studies; |
| --- | --- |

(b)

assisting actively in the diagnosis of disease outbreaks in Member States by receiving pathogen isolates for confirmatory diagnosis, characterisation and epizootic studies;

| (c) | facilitating the initial or further training of experts in laboratory diagnosis with a view to the harmonisation of diagnostic techniques throughout the Community; |
| --- | --- |

(c)

facilitating the initial or further training of experts in laboratory diagnosis with a view to the harmonisation of diagnostic techniques throughout the Community;

| (d) | collaborating, as regards methods of diagnosing animal diseases falling within their competence, with the competent laboratories in third countries where those diseases are prevalent: |
| --- | --- |

(d)

collaborating, as regards methods of diagnosing animal diseases falling within their competence, with the competent laboratories in third countries where those diseases are prevalent:

| (e) | conducting initial and further training courses for the benefit of staff from national reference laboratories and of experts from developing countries; |
| --- | --- |

(e)

conducting initial and further training courses for the benefit of staff from national reference laboratories and of experts from developing countries;

3.   Article 12(2) and (3) shall apply to Community reference laboratories.

4.   Community reference laboratories shall fulfil the following requirements. They must:

| (a) | have suitably qualified staff with adequate training in diagnostic and analytical techniques applied in their area of competence; |
| --- | --- |

(a)

have suitably qualified staff with adequate training in diagnostic and analytical techniques applied in their area of competence;

| (b) | possess the equipment and products needed to carry out the tasks assigned to them; |
| --- | --- |

(b)

possess the equipment and products needed to carry out the tasks assigned to them;

| (c) | have an appropriate administrative infrastructure; |
| --- | --- |

(c)

have an appropriate administrative infrastructure;

| (d) | ensure that their staff respect the confidential nature of certain subjects, results or communications; |
| --- | --- |

(d)

ensure that their staff respect the confidential nature of certain subjects, results or communications;

| (e) | have sufficient knowledge of international standards and practices; |
| --- | --- |

(e)

have sufficient knowledge of international standards and practices;

| (f) | have available, if appropriate, an updated list of available reference substances and reagents and an updated list of manufacturers and suppliers of such substances and reagents; |
| --- | --- |

(f)

have available, if appropriate, an updated list of available reference substances and reagents and an updated list of manufacturers and suppliers of such substances and reagents;

| (g) | take account of research activities at national and Community level; |
| --- | --- |

(g)

take account of research activities at national and Community level;

| (h) | have trained personnel available for emergency situations occurring within the Community. |
| --- | --- |

(h)

have trained personnel available for emergency situations occurring within the Community.

5.   Other Community reference laboratories relevant to the areas referred to in Article 1 may be included in Annex VII in accordance with the procedure referred to in Article 62(3). In accordance with the same procedure, Annex VII may be updated.

6.   Additional responsibilities and tasks for Community reference laboratories may be laid down in accordance with the procedure referred to in Article 62(3).

7.   Community reference laboratories may be granted a Community financial contribution in accordance with Article 28 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (39).

8.   Community reference laboratories may be subject to Community controls to verify compliance with the requirements of this Regulation. If these controls find that a laboratory is not complying with those requirements or tasks for which they have been designated, necessary measures may be taken in accordance with the procedure referred to in Article 62(3).

9.   Paragraphs 1 to 7 shall apply without prejudice to more specific rules, and in particular Chapter VI of Regulation (EC) No 999/2001 and Article 14 of Directive 96/23/EC.

Article 33

National reference laboratories

1.   Member States shall arrange for the designation of one or more national reference laboratories for each Community reference laboratory referred to in Article 32. A Member State may designate a laboratory situated in another Member State or European Free Trade Association (EFTA) Member and a single laboratory may be the national reference laboratory for more than one Member State.

2.   These national reference laboratories shall:

| (a) | collaborate with the Community reference laboratory in their area of competence; |
| --- | --- |

(a)

collaborate with the Community reference laboratory in their area of competence;

| (b) | coordinate, for their area of competence, the activities of official laboratories responsible for the analysis of samples in accordance with Article 11; |
| --- | --- |

(b)

coordinate, for their area of competence, the activities of official laboratories responsible for the analysis of samples in accordance with Article 11;

| (c) | where appropriate, organise comparative tests between the official national laboratories and ensure an appropriate follow-up of such comparative testing; |
| --- | --- |

(c)

where appropriate, organise comparative tests between the official national laboratories and ensure an appropriate follow-up of such comparative testing;

| (d) | ensure the dissemination to the competent authority and official national laboratories of information that the Community reference laboratory supplies; |
| --- | --- |

(d)

ensure the dissemination to the competent authority and official national laboratories of information that the Community reference laboratory supplies;

| (e) | provide scientific and technical assistance to the competent authority for the implementation of coordinated control plans adopted in accordance with Article 53; |
| --- | --- |

(e)

provide scientific and technical assistance to the competent authority for the implementation of coordinated control plans adopted in accordance with Article 53;

| (f) | be responsible for carrying out other specific duties provided for in accordance with the procedure referred to in Article 62(3), without prejudice to existing additional national duties. |
| --- | --- |

(f)

be responsible for carrying out other specific duties provided for in accordance with the procedure referred to in Article 62(3), without prejudice to existing additional national duties.

3.   Article 12(2) and (3) shall apply to national reference laboratories.

4.   Member States shall communicate the name and address of each national reference laboratory to the Commission, the relevant Community reference laboratory and other Member States.

5.   Member States that have more than one national reference laboratory for a Community reference laboratory must ensure that these laboratories work closely together, so as to ensure efficient coordination between them, with other national laboratories and with the Community reference laboratory.

6.   Additional responsibilities and tasks for national reference laboratories may be laid down in accordance with the procedure referred to in Article 62(3).

7.   Paragraphs 1 to 5 shall apply without prejudice to more specific rules and in particular Chapter VI of Regulation (EC) No 999/2001 and Article 14 of Directive 96/23/EC.

TITLE IV

ADMINISTRATIVE ASSISTANCE AND COOPERATION IN THE AREAS OF FEED AND FOOD

Article 34

General principles

1.   Where the outcome of official controls on feed and food requires action in more than one Member State, competent authorities in the Member States concerned shall provide each other with administrative assistance.

2.   Competent authorities shall provide administrative assistance upon request, or spontaneously when the course of investigations so requires. Administrative assistance may include, where appropriate, participation in on-the-spot controls that the competent authority of another Member State carries out.

3.   Articles 35 to 40 shall not prejudice national rules applicable to the release of documents that are the object of, or are related to, court proceedings, or rules aimed at the protection of natural or legal persons' commercial interests.

Article 35

Liaison bodies

1.   Each Member State shall designate one or more liaison bodies to liaise as appropriate with other Member States' liaison bodies. The role of liaison bodies shall be to assist and coordinate communication between competent authorities and, in particular, the transmission and reception of requests for assistance.

2.   Member States shall inform the Commission and other Member States of all the relevant details of their designated liaison bodies, and of any modification of these details.

3.   Without prejudice to paragraph 1, the designation of liaison bodies shall not preclude direct contacts, exchange of information or cooperation between the staff of competent authorities in different Member States.

4.   The competent authorities to which Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure correct application of the legislation on veterinary and zootechnical matters (40) applies, shall liaise as appropriate with the authorities operating under this Title.

Article 36

Assistance on request

1.   Upon receiving a reasoned request, the requested competent authority shall ensure that the requesting competent authority is provided with all necessary information and documents enabling the latter to verify compliance with feed and food law within its jurisdiction. For that purpose, the requested competent authority shall arrange for the conduct of any administrative enquiries necessary to obtain such information and documents.

2.   Information and documents provided pursuant to paragraph 1 shall be forwarded without undue delay. Documents may be transmitted in their original form or copies may be provided.

3.   By agreement between the requesting authority and the requested authority, staff designated by the requesting authority may be present during administrative enquiries.

Such enquiries shall always be carried out by staff of the requested authority.

The requesting authority's staff may not, on their own initiative, exercise the powers of enquiry conferred on officials of the requested authority. They shall, however, have access to the same premises and documents as the latter, through their intermediary, and for the sole purpose of the administrative enquiry being carried out.

4.   Staff of the requesting authority present in another Member State in accordance with paragraph 3 shall at all times be able to produce written authority stating their identity and their official capacity.

Article 37

Assistance without request

1.   When a competent authority becomes aware of non-compliance, and if such non-compliance may have implications for another Member State or States, it shall pass such information to the other Member State(s) without prior request and without delay.

2.   Member States receiving such information shall investigate the matter and inform the Member State that provided the information of the results of this investigation and, where appropriate, of any measures taken.

Article 38

Assistance in the event of non-compliance

1.   If, during an official control carried out at the place of destination of the goods, or during their transport, the competent authority of the Member State of destination establishes that the goods do not comply with feed or food law in such a way as to create a risk to human or animal health or to constitute a serious infringement of feed or food law, it shall contact the competent authority of the Member State of dispatch without delay.

2.   The competent authority of the Member State of dispatch shall investigate the matter, take all necessary measures and notify the competent authority of the Member State of destination of the nature of the investigations and official controls carried out, the decisions taken and the reasons for such decisions.

3.   If the competent authority of the Member State of destination has reason to believe that such measures are inadequate, the two Member States' competent authorities shall together seek ways and means of remedying the situation including, if appropriate, a joint on-the-spot inspection carried out in accordance with Article 36(3) and (4). They shall inform the Commission if they are not able to agree on appropriate measures.

Article 39

Relations with third countries

1.   When a competent authority receives information from a third country indicating non-compliance and/or a risk to human or animal health, that authority shall pass that information on to competent authorities in other Member States if it considers that they might be interested in it or if they request it. It shall also communicate such information to the Commission whenever it is of relevance at Community level.

2.   If the third country has given a legal undertaking to provide the assistance required to gather evidence of the irregular nature of transactions that are or appear to be contrary to the relevant feed and food law, information obtained under this Regulation may be communicated to that third country, with the consent of the competent authorities that supplied the information, in accordance with laws applying to the communication of personal data to third countries.

Article 40

Coordinated assistance and follow up by the Commission

1.   The Commission shall coordinate without delay the action undertaken by Member States when it, further to information received from Member States or from other sources, becomes aware of activities that are, or appear to be, contrary to feed or food law and are of particular interest at Community level, and in particular when:

| (a) | such activities have, or might have, ramifications in several Member States; |
| --- | --- |

(a)

such activities have, or might have, ramifications in several Member States;

| (b) | it appears that similar activities have been carried out in several Member States; or |
| --- | --- |

(b)

it appears that similar activities have been carried out in several Member States; or

| (c) | Member States are unable to agree on appropriate action to address non-compliance. |
| --- | --- |

(c)

Member States are unable to agree on appropriate action to address non-compliance.

2.   When official controls at destination show repeated non-compliance or other risks to humans, plants or animals from feed or food, either directly or through the environment, the competent authority of the Member State of destination shall inform the Commission and the competent authorities of the other Member States without delay.

3.   The Commission may:

| (a) | in collaboration with the Member State concerned, send an inspection team to carry out an official control on-the-spot; |
| --- | --- |

(a)

in collaboration with the Member State concerned, send an inspection team to carry out an official control on-the-spot;

| (b) | request that the competent authority of the Member State of dispatch intensify relevant official controls and report on the action and measures taken. |
| --- | --- |

(b)

request that the competent authority of the Member State of dispatch intensify relevant official controls and report on the action and measures taken.

4.   Where the measures provided for in paragraphs 2 and 3 are taken to deal with repeated non-compliance by a feed or food business, the competent authority shall charge any expenses arising from such measures to the business in question.

TITLE V

CONTROL PLANS

Article 41

Multi-annual national control plans

In order to ensure the effective implementation of Article 17(2) of Regulation (EC) No 178/2002, of animal health and animal welfare rules and of Article 45 of this Regulation, each Member State shall prepare a single integrated multi-annual national control plan.

Article 42

Principles for the preparation of multi-annual national control plans

1.   Member States shall:

| (a) | implement the plan referred to in Article 41 for the first time no later than 1 January 2007; and |
| --- | --- |

(a)

implement the plan referred to in Article 41 for the first time no later than 1 January 2007; and

| (b) | regularly update it in the light of developments; and |
| --- | --- |

(b)

regularly update it in the light of developments; and

| (c) | provide the Commission with the latest version of the plan on request. |
| --- | --- |

(c)

provide the Commission with the latest version of the plan on request.

2.   Each multi-annual national control plan shall contain general information on the structure and organisation of the systems of feed and food control, and of animal health and animal welfare control in the Member State concerned, in particular on:

| (a) | the strategic objectives of the plan and on how the prioritisation of controls and allocation of resources reflect these objectives; |
| --- | --- |

(a)

the strategic objectives of the plan and on how the prioritisation of controls and allocation of resources reflect these objectives;

| (b) | the risk categorisation of the activities concerned; |
| --- | --- |

(b)

the risk categorisation of the activities concerned;

| (c) | the designation of competent authorities and their tasks at central, regional and local level, and on resources available to these authorities; |
| --- | --- |

(c)

the designation of competent authorities and their tasks at central, regional and local level, and on resources available to these authorities;

| (d) | the general organisation and management of official controls at national, regional and local level, including official controls in individual establishments; |
| --- | --- |

(d)

the general organisation and management of official controls at national, regional and local level, including official controls in individual establishments;

| (e) | control systems applied to different sectors and coordination between the different services of competent authorities responsible for official controls in these sectors; |
| --- | --- |

(e)

control systems applied to different sectors and coordination between the different services of competent authorities responsible for official controls in these sectors;

| (f) | where appropriate, the delegation of tasks to control bodies; |
| --- | --- |

(f)

where appropriate, the delegation of tasks to control bodies;

| (g) | methods to ensure compliance with the operational criteria of Article 4(2); |
| --- | --- |

(g)

methods to ensure compliance with the operational criteria of Article 4(2);

| (h) | the training of staff performing official controls referred to in Article 6; |
| --- | --- |

(h)

the training of staff performing official controls referred to in Article 6;

| (i) | the documented procedures referred to in Articles 8 and 9; |
| --- | --- |

(i)

the documented procedures referred to in Articles 8 and 9;

| (j) | the organisation and operation of contingency plans for animal or food-borne disease emergencies, feed and food contamination incidents and other human health risks; |
| --- | --- |

(j)

the organisation and operation of contingency plans for animal or food-borne disease emergencies, feed and food contamination incidents and other human health risks;

| (k) | the organisation of cooperation and mutual assistance. |
| --- | --- |

(k)

the organisation of cooperation and mutual assistance.

3.   Multi-annual national control plans may be adjusted during their implementation. Amendments may be made in the light of, or in order to take account of, factors including:

| (a) | new legislation; |
| --- | --- |

(a)

new legislation;

| (b) | the emergence of new diseases or other health risks; |
| --- | --- |

(b)

the emergence of new diseases or other health risks;

| (c) | significant changes to the structure, management or operation of the competent national authorities; |
| --- | --- |

(c)

significant changes to the structure, management or operation of the competent national authorities;

| (d) | the results of Member States' official controls; |
| --- | --- |

(d)

the results of Member States' official controls;

| (e) | the results of Community controls carried out in accordance with Article 45; |
| --- | --- |

(e)

the results of Community controls carried out in accordance with Article 45;

| (f) | any amendment of the guidelines referred to in Article 43; |
| --- | --- |

(f)

any amendment of the guidelines referred to in Article 43;

| (g) | scientific findings; |
| --- | --- |

(g)

scientific findings;

| (h) | the outcome of 'audits performed by a third country in a Member State. |
| --- | --- |

(h)

the outcome of 'audits performed by a third country in a Member State.

Article 43

Guidelines for multi-annual national control plans

1.   The multi-annual national control plans referred to in Article 41 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2). These guidelines shall in particular:

| (a) | promote a consistent, comprehensive and integrated approach to official controls of feed and food, animal health and animal welfare legislation, and embrace all sectors and all stages of the feed and food chain, including import and introduction; |
| --- | --- |

(a)

promote a consistent, comprehensive and integrated approach to official controls of feed and food, animal health and animal welfare legislation, and embrace all sectors and all stages of the feed and food chain, including import and introduction;

| (b) | identify risk-based priorities and criteria for the risk categorisation of the activities concerned and the most effective control procedures; |
| --- | --- |

(b)

identify risk-based priorities and criteria for the risk categorisation of the activities concerned and the most effective control procedures;

| (c) | identify other priorities and the most effective control procedures; |
| --- | --- |

(c)

identify other priorities and the most effective control procedures;

| (d) | identify the stages of production, processing and distribution of feed and food, including the use of feed, which will provide the most reliable and indicative information about compliance with feed and food law; |
| --- | --- |

(d)

identify the stages of production, processing and distribution of feed and food, including the use of feed, which will provide the most reliable and indicative information about compliance with feed and food law;

| (e) | encourage the adoption of best practices at all levels of the control system; |
| --- | --- |

(e)

encourage the adoption of best practices at all levels of the control system;

| (f) | encourage the development of effective controls on traceability systems; |
| --- | --- |

(f)

encourage the development of effective controls on traceability systems;

| (g) | provide advice on the development of systems to record the performance and results of control actions; |
| --- | --- |

(g)

provide advice on the development of systems to record the performance and results of control actions;

| (h) | reflect relevant international bodies' standards and recommendations regarding the organisation and operation of official services; |
| --- | --- |

(h)

reflect relevant international bodies' standards and recommendations regarding the organisation and operation of official services;

| (i) | lay down criteria for the conduct of the audits referred to in Article 4(6); |
| --- | --- |

(i)

lay down criteria for the conduct of the audits referred to in Article 4(6);

| (j) | lay down the structure of, and information to be included in, the annual reports required in Article 44; |
| --- | --- |

(j)

lay down the structure of, and information to be included in, the annual reports required in Article 44;

| (k) | indicate the main performance indicators to be applied in assessing multi-annual national control plans. |
| --- | --- |

(k)

indicate the main performance indicators to be applied in assessing multi-annual national control plans.

2.   Where necessary, the guidelines shall be adapted in the light of the analysis of annual reports that Member States submit in accordance with Article 44 or Community controls carried out in accordance with Article 45.

Article 44

Annual reports

1.   One year after starting the implementation of multi-annual national control plans, and subsequently every year, Member States shall submit to the Commission a report indicating:

| (a) | any amendments made to multi-annual national control plans to take account of the factors referred to in Article 42(3); |
| --- | --- |

(a)

any amendments made to multi-annual national control plans to take account of the factors referred to in Article 42(3);

| (b) | the results of controls and audits conducted in the previous year under the provisions of the multiannual national control plan; |
| --- | --- |

(b)

the results of controls and audits conducted in the previous year under the provisions of the multiannual national control plan;

| (c) | the type and number of cases of non-compliance identified; |
| --- | --- |

(c)

the type and number of cases of non-compliance identified;

| (d) | actions to ensure the effective operation of multi-annual national control plans, including enforcement action and its results. |
| --- | --- |

(d)

actions to ensure the effective operation of multi-annual national control plans, including enforcement action and its results.

2.   In order to promote the consistent presentation of this report and in particular of the results of official controls, the information referred to in paragraph 1 shall take account of guidelines to be drawn up by the Commission in accordance with the procedure referred to in Article 62(2).

3.   Member States shall finalise their reports and transmit them to the Commission, within six months of the end of the year to which the reports relate.

4.   In the light of the reports referred to in paragraph 1, the outcome of Community controls carried out in accordance with Article 45 and any other relevant information, the Commission shall establish an annual report on the overall operation of official controls in Member States. This report may, where appropriate, include recommendations on:

| (a) | possible improvements to official control and audit systems in Member States, including their scope, management and implementation; |
| --- | --- |

(a)

possible improvements to official control and audit systems in Member States, including their scope, management and implementation;

| (b) | specific control actions concerning sectors or activities, regardless of whether these are covered by multi-annual national control plans; |
| --- | --- |

(b)

specific control actions concerning sectors or activities, regardless of whether these are covered by multi-annual national control plans;

| (c) | coordinated plans aiming at addressing issues of particular interest. |
| --- | --- |

(c)

coordinated plans aiming at addressing issues of particular interest.

5.   Multi-annual national control plans and the related guidelines shall, where appropriate, be adapted on the basis of the conclusions and recommendations contained in the Commission's report.

6.   The Commission shall submit its report to the European Parliament and the Council and make it available to the public.

TITLE VI

COMMUNITY ACTIVITIES

CHAPTER I:

COMMUNITY CONTROLS

Article 45

Community controls in Member States

1.   Commission experts shall carry out general and specific audits in Member States. The Commission may appoint experts from Member States to assist its own experts. General and specific audits shall be organised in cooperation with Member States' competent authorities. Audits shall be carried out on a regular basis. Their main purpose shall be to verify that, overall, official controls take place in Member States in accordance with the multi-annual national control plans referred to in Article 41 and in compliance with Community law. For this purpose, and in order to facilitate the efficiency and effectiveness of the audits, the Commission may, in advance of carrying out such audits, request that the Member States provide, as soon as possible, up-to-date copies of national control plans.

2.   Specific audits and inspections in one or more specific areas may supplement general audits. These specific audits and inspections shall in particular serve to:

| (a) | verify the implementation of the multi-annual national control plan, feed and food law and animal health and animal welfare legislation and may include, as appropriate, on-the-spot inspections of official services and of facilities associated with the sector being audited; |
| --- | --- |

(a)

verify the implementation of the multi-annual national control plan, feed and food law and animal health and animal welfare legislation and may include, as appropriate, on-the-spot inspections of official services and of facilities associated with the sector being audited;

| (b) | verify the functioning and organisation of competent authorities; |
| --- | --- |

(b)

verify the functioning and organisation of competent authorities;

| (c) | investigate important or recurring problems in Member States; |
| --- | --- |

(c)

investigate important or recurring problems in Member States;

| (d) | investigate emergency situations, emerging problems or new developments in Member States. |
| --- | --- |

(d)

investigate emergency situations, emerging problems or new developments in Member States.

3.   The Commission shall report on the findings of each control carried out. Its report shall, if appropriate, contain recommendations for Member States on the improvement of compliance with feed and food law and animal health and animal welfare rules. The Commission shall make its reports publicly available. In the case of reports on controls carried out in a Member State, the Commission shall provide the relevant competent authority with a draft report for comments, take those comments into consideration in preparing the final report and publish the competent authority's comments together with the final report.

4.   The Commission shall establish an annual control programme, communicate it to Member States in advance, and report on its results. The Commission may amend the programme to take account of developments in the fields of feed and food safety, animal health, animal welfare and plant health.

5.   Member States shall:

| (a) | take appropriate follow-up action in the light of the recommendations resulting from Community controls; |
| --- | --- |

(a)

take appropriate follow-up action in the light of the recommendations resulting from Community controls;

| (b) | give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out controls efficiently and effectively; |
| --- | --- |

(b)

give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out controls efficiently and effectively;

| (c) | ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, relevant to the execution of their duties. |
| --- | --- |

(c)

ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, relevant to the execution of their duties.

6.   Detailed rules concerning Community controls in Member States may be drawn up or amended in accordance with the procedure referred to in Article 62(3).

Article 46

Community controls in third countries

1.   Commission experts may carry out official controls in third countries in order to verify, on the basis of the information referred to in Article 47(1), the compliance or equivalence of third country legislation and systems with Community feed and food law and Community animal health legislation. The Commission may appoint experts from Member States to assist its own experts. Such official controls shall have particular regard to:

| (a) | the legislation of the third country; |
| --- | --- |

(a)

the legislation of the third country;

| (b) | the organisation of the third country's competent authorities, their powers and independence, the supervision to which they are subject and the authority they have to enforce the applicable legislation effectively; |
| --- | --- |

(b)

the organisation of the third country's competent authorities, their powers and independence, the supervision to which they are subject and the authority they have to enforce the applicable legislation effectively;

| (c) | the training of staff in the performance of official controls; |
| --- | --- |

(c)

the training of staff in the performance of official controls;

| (d) | the resources including diagnostic facilities available to competent authorities; |
| --- | --- |

(d)

the resources including diagnostic facilities available to competent authorities;

| (e) | the existence and operation of documented control procedures and control systems based on priorities; |
| --- | --- |

(e)

the existence and operation of documented control procedures and control systems based on priorities;

| (f) | where applicable, the situation regarding animal health, zoonoses and plant health, and procedures for notifying the Commission and relevant international bodies of outbreaks of animal and plant diseases; |
| --- | --- |

(f)

where applicable, the situation regarding animal health, zoonoses and plant health, and procedures for notifying the Commission and relevant international bodies of outbreaks of animal and plant diseases;

| (g) | the extent and operation of official controls on imports of animals, plants and their products; |
| --- | --- |

(g)

the extent and operation of official controls on imports of animals, plants and their products;

| (h) | the assurances which the third country can give regarding compliance with, or equivalence to, Community requirements. |
| --- | --- |

(h)

the assurances which the third country can give regarding compliance with, or equivalence to, Community requirements.

2.   In order to facilitate the efficiency and effectiveness of the controls in a third country, the Commission may, in advance of carrying out such controls, request that the third country concerned provide the information referred to in Article 47(1) and, where appropriate, the written records on the implementation of such controls.

3.   The frequency of Community controls in third countries shall be determined on the basis of:

| (a) | a risk assessment of the products exported to the Community; |
| --- | --- |

(a)

a risk assessment of the products exported to the Community;

| (b) | the provisions of Community legislation; |
| --- | --- |

(b)

the provisions of Community legislation;

| (c) | the volume and nature of imports from the country concerned; |
| --- | --- |

(c)

the volume and nature of imports from the country concerned;

| (d) | the results of controls that the Commission services or other inspection bodies have already carried out; |
| --- | --- |

(d)

the results of controls that the Commission services or other inspection bodies have already carried out;

| (e) | the results of import controls and of any other controls that competent authorities of Member States have carried out; |
| --- | --- |

(e)

the results of import controls and of any other controls that competent authorities of Member States have carried out;

| (f) | information received from the European Food Safety Authority or similar bodies; |
| --- | --- |

(f)

information received from the European Food Safety Authority or similar bodies;

| (g) | information received from internationally recognised bodies such as the World Health Organisation (WHO), the Codex Alimentarius Commission and the World Organisation for Animal Health (OIE), or from other sources; |
| --- | --- |

(g)

information received from internationally recognised bodies such as the World Health Organisation (WHO), the Codex Alimentarius Commission and the World Organisation for Animal Health (OIE), or from other sources;

| (h) | evidence of emerging disease situations or other circumstances that might result in live animals, live plants or feed or food imported from a third country presenting health risks; |
| --- | --- |

(h)

evidence of emerging disease situations or other circumstances that might result in live animals, live plants or feed or food imported from a third country presenting health risks;

| (i) | the need to investigate or respond to emergency situations in individual third countries. |
| --- | --- |

(i)

the need to investigate or respond to emergency situations in individual third countries.

The criteria for determining risk for the purpose of the risk assessment referred to in point (a) shall be decided in accordance with the procedure referred to in Article 62(3).

4.   The procedure and detailed rules for controls in third countries may be determined or amended in accordance with the procedure referred to in Article 62(3).

They shall include, in particular, procedures for and detailed rules on:

| (a) | controls in third countries in the context of a bilateral agreement; |
| --- | --- |

(a)

controls in third countries in the context of a bilateral agreement;

| (b) | controls in other third countries. |
| --- | --- |

(b)

controls in other third countries.

According to the same procedure, charges for the abovementioned controls may be established on a reciprocal basis.

5.   If, during a Community control, a serious risk to human or animal health is identified, the Commission shall immediately take any necessary emergency measures in accordance with Article 53 of Regulation (EC) No 178/2002 or safeguard provisions in other relevant Community legislation.

6.   The Commission shall report on the findings of each Community control carried out. Its report shall, if appropriate, contain recommendations. The Commission shall make its reports publicly available.

7.   The Commission shall communicate its programme of controls in third countries to Member States in advance and report on the results. It may amend the programme to take account of developments in the fields of feed and food safety, animal health and plant health.

CHAPTER II:

IMPORT CONDITIONS

Article 47

General import conditions

1.   The Commission shall be responsible for requesting third countries intending to export goods to the Community to provide the following accurate and up-to-date information on the general organisation and management of sanitary control systems:

| (a) | any sanitary or phytosanitary regulations adopted or proposed within its territory; |
| --- | --- |

(a)

any sanitary or phytosanitary regulations adopted or proposed within its territory;

| (b) | any control and inspection procedures, production and quarantine treatment, pesticide tolerance and food additive approval procedures operated within its territory; |
| --- | --- |

(b)

any control and inspection procedures, production and quarantine treatment, pesticide tolerance and food additive approval procedures operated within its territory;

| (c) | risk assessment procedures, factors taken into consideration, as well as the determination of the appropriate level of sanitary or phytosanitary protection; |
| --- | --- |

(c)

risk assessment procedures, factors taken into consideration, as well as the determination of the appropriate level of sanitary or phytosanitary protection;

| (d) | where appropriate, the follow-up given to the recommendations made pursuant to controls referred to in Article 46. |
| --- | --- |

(d)

where appropriate, the follow-up given to the recommendations made pursuant to controls referred to in Article 46.

2.   The information referred to in paragraph 1 shall be proportionate to the nature of the goods and may take account of the specific situation and structure of the third country and the nature of the products exported to the Community. Its scope shall cover at least the goods intended to be exported to the Community.

3.   The information referred to in paragraphs 1 and 2 may also relate to:

| (a) | results of the national controls carried out on goods intended to be exported to the Community; |
| --- | --- |

(a)

results of the national controls carried out on goods intended to be exported to the Community;

| (b) | important changes which have been made to the structure and functioning of the relevant control systems, in particular to meet Community requirements or recommendations. |
| --- | --- |

(b)

important changes which have been made to the structure and functioning of the relevant control systems, in particular to meet Community requirements or recommendations.

4.   Where a third country does not provide such information or where such information is inadequate, specific import conditions may be fixed in accordance with the procedure referred to in Article 62(3) on a case by case and strictly temporary basis following consultations with the third country concerned.

5.   Guidelines, specifying how the information referred to in paragraphs 1, 2 and 3 shall be drawn up and presented to the Commission, as well as transitional measures allowing time for third countries to prepare this information shall be established in accordance with the procedure referred to in Article 62(2).

Article 48

Specific import conditions

1.   To the extent that the conditions and detailed procedures to be respected when importing goods from third countries or their regions are not provided for by Community law and in particular by Regulation (EC) No .../2004 (41), they shall, if necessary, be laid down in accordance with the procedure referred to in Article 62(3).

2.   The conditions and detailed procedures referred to in paragraph 1 may include:

| (a) | the establishment of a list of third countries from which specific products may be imported into one of the territories referred to in Annex I; |
| --- | --- |

(a)

the establishment of a list of third countries from which specific products may be imported into one of the territories referred to in Annex I;

| (b) | the establishment of models of certificates accompanying consignments; |
| --- | --- |

(b)

the establishment of models of certificates accompanying consignments;

| (c) | special import conditions, depending on the type of product or animal and the possible risks associated therewith. |
| --- | --- |

(c)

special import conditions, depending on the type of product or animal and the possible risks associated therewith.

3.   Third countries shall appear on the lists referred to in paragraph 2(a) only if their competent authorities provide appropriate guarantees as regards compliance or equivalence with Community feed and food law and animal health rules.

4.   When drawing up or updating lists, particular account shall be taken of the following criteria:

| (a) | the third country's legislation in the sector concerned; |
| --- | --- |

(a)

the third country's legislation in the sector concerned;

| (b) | the structure and organisation of the competent authority of the third country and its control services, as well as the powers available to it/them and the guarantees that can be provided with regard to the implementation of the legislation concerned; |
| --- | --- |

(b)

the structure and organisation of the competent authority of the third country and its control services, as well as the powers available to it/them and the guarantees that can be provided with regard to the implementation of the legislation concerned;

| (c) | the existence of adequate official controls; |
| --- | --- |

(c)

the existence of adequate official controls;

| (d) | the regularity and rapidity of information supplied by the third country on the presence of hazards in feed and food, and in live animals; |
| --- | --- |

(d)

the regularity and rapidity of information supplied by the third country on the presence of hazards in feed and food, and in live animals;

| (e) | the guarantees given by a third country that:






  (i) | conditions applied to the establishments from which feed and food may be imported in the Community comply with or are equivalent to the requirements in Community feed and food law; |
| --- | --- | --- |

(e)

the guarantees given by a third country that:

(i)

conditions applied to the establishments from which feed and food may be imported in the Community comply with or are equivalent to the requirements in Community feed and food law;

| (ii) | a list of such establishments is drawn up and kept up-to-date; |
| --- | --- |

(ii)

a list of such establishments is drawn up and kept up-to-date;

| (iii) | the list of establishments and its updated versions are communicated to the Commission without delay; |
| --- | --- |

(iii)

the list of establishments and its updated versions are communicated to the Commission without delay;

| (iv) | the establishments are the subject of regular and effective controls by the competent authority of the third country. |
| --- | --- |

(iv)

the establishments are the subject of regular and effective controls by the competent authority of the third country.

5.   When adopting the special import conditions referred to in paragraph 2(c), account shall be taken of information that the third countries concerned have provided and, where necessary, the results of Community controls carried out in such third countries. Special import conditions may be established for a single product or for a group of products. They may apply to a single third country, to regions of a third country, or to a group of third countries.

Article 49

Equivalence

1.   Following the implementation of an equivalence agreement, or a satisfactory audit, a decision may be taken, in accordance with the procedure referred to in Article 62(3), recognising that measures that third countries or their regions apply in specific areas offer guarantees equivalent to those applied in the Community, if the third countries supply objective proof in this respect.

2.   The decision referred to in paragraph 1 shall set out the conditions governing the imports from that third country or region of a third country.

The conditions may include:

| (a) | the nature and content of the certificates that must accompany the products; |
| --- | --- |

(a)

the nature and content of the certificates that must accompany the products;

| (b) | specific requirements applicable to importation into the Community; |
| --- | --- |

(b)

specific requirements applicable to importation into the Community;

| (c) | where necessary, procedures for drawing up and amending lists of regions or establishments from which imports are permitted. |
| --- | --- |

(c)

where necessary, procedures for drawing up and amending lists of regions or establishments from which imports are permitted.

3.   The decision referred to in paragraph 1 shall be repealed in accordance with the same procedure and without delay where any of the conditions for recognition of equivalence established at the time of its adoption cease to be fulfilled.

Article 50

Support for developing countries

1.   In accordance with the procedure referred to in Article 62(3) the following measures may be adopted and maintained so long as they have a demonstrable effect in ensuring that developing countries are able to comply with the provisions of this Regulation:

| (a) | a phased introduction of the requirements referred to in Article 47 and Article 48 for products exported to the Community. Progress in meeting these requirements shall be evaluated and taken into account in determining the need for specified time-limited exemptions in whole or in part from the requirements. The phased introduction shall also take into account the progress in building the institutional capacity referred to in paragraph 2; |
| --- | --- |

(a)

a phased introduction of the requirements referred to in Article 47 and Article 48 for products exported to the Community. Progress in meeting these requirements shall be evaluated and taken into account in determining the need for specified time-limited exemptions in whole or in part from the requirements. The phased introduction shall also take into account the progress in building the institutional capacity referred to in paragraph 2;

| (b) | assistance with providing the information referred to in Article 47, if necessary by Community experts; |
| --- | --- |

(b)

assistance with providing the information referred to in Article 47, if necessary by Community experts;

| (c) | the promotion of joint projects between developing countries and Member States; |
| --- | --- |

(c)

the promotion of joint projects between developing countries and Member States;

| (d) | the development of guidelines to assist developing countries in organising official controls on products exported to the Community; |
| --- | --- |

(d)

the development of guidelines to assist developing countries in organising official controls on products exported to the Community;

| (e) | sending Community experts to developing countries so as to assist in the organisation of official controls; |
| --- | --- |

(e)

sending Community experts to developing countries so as to assist in the organisation of official controls;

| (f) | the participation of control staff from developing countries in the training courses referred to in Article 51. |
| --- | --- |

(f)

the participation of control staff from developing countries in the training courses referred to in Article 51.

2.   In the context of the Community's Development Cooperation Policy, the Commission shall promote support to developing countries with regard to feed and food safety in general and compliance with feed and food standards in particular, in order to build the institutional capacity required to meet the requirements referred to in Articles 5, 12, 47 and 48.

CHAPTER III:

TRAINING OF CONTROL STAFF

Article 51

Training of control staff

1.   The Commission may organise training courses for the staff of the competent authorities of Member States responsible for the official controls referred to in this Regulation. These training courses shall serve to develop a harmonised approach to official controls in Member States. They may include in particular training on:

| (a) | Community feed and food law and animal health and animal welfare rules; |
| --- | --- |

(a)

Community feed and food law and animal health and animal welfare rules;

| (b) | control methods and techniques, such as the auditing of systems that operators design to comply with feed and food law, animal health and animal welfare rules; |
| --- | --- |

(b)

control methods and techniques, such as the auditing of systems that operators design to comply with feed and food law, animal health and animal welfare rules;

| (c) | controls to be carried out on goods imported into the Community; |
| --- | --- |

(c)

controls to be carried out on goods imported into the Community;

| (d) | feed and food production, processing and marketing methods and techniques. |
| --- | --- |

(d)

feed and food production, processing and marketing methods and techniques.

2.   The training courses referred to in paragraph 1 may be open to participants from third countries, in particular developing countries.

3.   Detailed rules for the organisation of training courses may be laid down in accordance with the procedure referred to in Article 62(3).

CHAPTER IV:

OTHER COMMUNITY ACTIVITIES

Article 52

Third country controls in Member States

1.   Commission experts may, at the request of and in cooperation with the competent authorities of Member States, assist Member States during controls that third countries carry out.

2.   In such cases, Member States in whose territory a third country is to carry out a control shall inform the Commission about the planning, scope, documentation and any other relevant information enabling the Commission to take part effectively in the control.

3.   The Commission's assistance shall serve in particular to:

| (a) | clarify Community feed and food law and animal health and animal welfare rules; |
| --- | --- |

(a)

clarify Community feed and food law and animal health and animal welfare rules;

| (b) | provide information and data available at Community level that may be useful for the control carried out by the third country; |
| --- | --- |

(b)

provide information and data available at Community level that may be useful for the control carried out by the third country;

| (c) | ensure uniformity with regard to controls carried out by third countries. |
| --- | --- |

(c)

ensure uniformity with regard to controls carried out by third countries.

Article 53

Coordinated control plans

The Commission may recommend coordinated plans in accordance with the procedure referred to in Article 62(2). These plans shall be:

| (a) | organised annually in accordance with a programme; and |
| --- | --- |

(a)

organised annually in accordance with a programme; and

| (b) | where considered necessary, organised on an ad-hoc basis, in particular with a view to establishing the prevalence of hazards in feed, food or animals. |
| --- | --- |

(b)

where considered necessary, organised on an ad-hoc basis, in particular with a view to establishing the prevalence of hazards in feed, food or animals.

TITLE VII

ENFORCEMENT MEASURES

CHAPTER I:

NATIONAL ENFORCEMENT MEASURES

Article 54

Action in case of non-compliance

1.   When the competent authority identifies non-compliance, it shall take action to ensure that the operator remedies the situation. When deciding which action to take, the competent authority shall take account of the nature of the non-compliance and that operator's past record with regard to non-compliance.

2.   Such action shall include, where appropriate, the following measures:

| (a) | the imposition of sanitation procedures or any other action deemed necessary to ensure the safety of feed or food or compliance with feed or food law, animal health or animal welfare rules; |
| --- | --- |

(a)

the imposition of sanitation procedures or any other action deemed necessary to ensure the safety of feed or food or compliance with feed or food law, animal health or animal welfare rules;

| (b) | the restriction or prohibition of the placing on the market, import or export of feed, food or animals; |
| --- | --- |

(b)

the restriction or prohibition of the placing on the market, import or export of feed, food or animals;

| (c) | monitoring and, if necessary, ordering the recall, withdrawal and/or destruction of feed or food; |
| --- | --- |

(c)

monitoring and, if necessary, ordering the recall, withdrawal and/or destruction of feed or food;

| (d) | the authorisation to use feed or food for purposes other than those for which they were originally intended; |
| --- | --- |

(d)

the authorisation to use feed or food for purposes other than those for which they were originally intended;

| (e) | the suspension of operation or closure of all or part of the business concerned for an appropriate period of time; |
| --- | --- |

(e)

the suspension of operation or closure of all or part of the business concerned for an appropriate period of time;

| (f) | the suspension or withdrawal of the establishment's approval; |
| --- | --- |

(f)

the suspension or withdrawal of the establishment's approval;

| (g) | the measures referred to in Article 19 on consignments from third countries; |
| --- | --- |

(g)

the measures referred to in Article 19 on consignments from third countries;

| (h) | any other measure the competent authority deems appropriate. |
| --- | --- |

(h)

any other measure the competent authority deems appropriate.

3.   The competent authority shall provide the operator concerned, or a representative, with:

| (a) | written notification of its decision concerning the action to be taken in accordance with paragraph 1, together with the reasons for the decision; and |
| --- | --- |

(a)

written notification of its decision concerning the action to be taken in accordance with paragraph 1, together with the reasons for the decision; and

| (b) | information on rights of appeal against such decisions and on the applicable procedure and time limits. |
| --- | --- |

(b)

information on rights of appeal against such decisions and on the applicable procedure and time limits.

4.   Where appropriate, the competent authority shall also notify the competent authority of the Member State of dispatch of its decision.

5.   All expenditure incurred pursuant to this Article shall be borne by the responsible feed and food business operator.

Article 55

Sanctions

1.   Member States shall lay down the rules on sanctions applicable to infringements of feed and food law and other Community provisions relating to the protection of animal health and welfare and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.

2.   Member States shall notify the provisions applicable to infringements of feed and food law and any subsequent amendment to the Commission without delay.

CHAPTER II:

COMMUNITY ENFORCEMENT MEASURES

Article 56

Safeguard measures

1.   Measures shall be taken under the procedures provided for in Article 53 of Regulation (EC) No 178/2002 if:

| (a) | the Commission has evidence of a serious failure in a Member State's control systems; and |
| --- | --- |

(a)

the Commission has evidence of a serious failure in a Member State's control systems; and

| (b) | such failure may constitute a possible and widespread risk for human health, animal health or animal welfare, either directly or through the environment. |
| --- | --- |

(b)

such failure may constitute a possible and widespread risk for human health, animal health or animal welfare, either directly or through the environment.

2.   Such measures shall be adopted only after:

| (a) | Community controls have shown and reported non-compliance with Community legislation; and |
| --- | --- |

(a)

Community controls have shown and reported non-compliance with Community legislation; and

| (b) | the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission. |
| --- | --- |

(b)

the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission.

TITLE VIII

ADAPTATION OF COMMUNITY LEGISLATION

Article 57

Amendment of Directive 96/23/EC

Directive 96/23/EC is hereby amended as follows:

| 1) | In Article 14, paragraph 2 shall be replaced by the following:
  ‘2.   The Community reference laboratories shall be those referred to in the relevant part of Annex VII of Regulation (EC) No .../2004 of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (42).

  (42)  Not yet published in the OJ.‧" |
| --- | --- |

1)

In Article 14, paragraph 2 shall be replaced by the following:

‘2.   The Community reference laboratories shall be those referred to in the relevant part of Annex VII of Regulation (EC) No .../2004 of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (42).

(42)  Not yet published in the OJ.‧"

| 2) | In Article 30, the part of paragraph 1 beginning ‘Where such additional checks demonstrate ...‧ and ending ‘or to use it for other purposes authorised by Community legislation, without indemnity or compensation‧, shall be replaced by the following:
  ‘Where checks demonstrate the presence of unauthorised substances or products or when maximum limits have been exceeded, the provisions of Articles 19 to 22 of Regulation (EC) No .../2004 ... (43) shall apply.‧ |
| --- | --- |

2)

In Article 30, the part of paragraph 1 beginning ‘Where such additional checks demonstrate ...‧ and ending ‘or to use it for other purposes authorised by Community legislation, without indemnity or compensation‧, shall be replaced by the following:

‘Where checks demonstrate the presence of unauthorised substances or products or when maximum limits have been exceeded, the provisions of Articles 19 to 22 of Regulation (EC) No .../2004 ... (43) shall apply.‧

| 3) | Annex V shall be deleted. |
| --- | --- |

3)

Annex V shall be deleted.

Article 58

Amendment of Directive 97/78/EC

Directive 97/78/EC is hereby amended as follows:

| 1) | Article 1 shall be replaced by the following:
  ‘Veterinary checks on products from third countries introduced into one of the territories listed in Annex I shall be carried out by Member States in accordance with this Directive and with Regulation (EC) No .../2004 of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (44).

  (44)  Not yet published in the OJ.‧" |
| --- | --- |

1)

Article 1 shall be replaced by the following:

‘Veterinary checks on products from third countries introduced into one of the territories listed in Annex I shall be carried out by Member States in accordance with this Directive and with Regulation (EC) No .../2004 of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (44).

(44)  Not yet published in the OJ.‧"

| 2) | In Article 2, paragraph 2(a) shall be replaced by the following:






  ‘(a) | “products” means the products of animal origin referred to in Directives 89/662/EEC and 90/425/EEC, in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (45), in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (46) and in Regulation (EC) No .../... of the European Parliament and of the Council of laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (47); it also includes the plant products referred to in Article 19; |
| --- | --- | --- |

2)

In Article 2, paragraph 2(a) shall be replaced by the following:

‘(a)

“products” means the products of animal origin referred to in Directives 89/662/EEC and 90/425/EEC, in Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (45), in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (46) and in Regulation (EC) No .../... of the European Parliament and of the Council of laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (47); it also includes the plant products referred to in Article 19;

(45)  OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003, p. 1)."

(46)  OJ L 18, 23.1.2003, p. 11."

(47)  Not yet published in the OJ.‧"

| 3) | In Article 7(3), the words ‘inspection fees referred to in Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated)‧ shall be replaced by the following:
  ‘inspection fees referred to in Regulation (EC) No .../2004 (48)‧ |
| --- | --- |

3)

In Article 7(3), the words ‘inspection fees referred to in Council Directive 85/73/EEC of 29 January 1985 on the financing of veterinary inspections and controls covered by Directives 89/662/EEC, 90/425/EEC, 90/675/EEC and 91/496/EEC (amended and consolidated)‧ shall be replaced by the following:

‘inspection fees referred to in Regulation (EC) No .../2004 (48)‧

| 4) | In Article 10, paragraph 1 (b), the following phrase shall be deleted:
  ‘or, in the case of establishments approved in accordance with Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs, from an establishment which has undergone either a Community or a national inspection‧ |
| --- | --- |

4)

In Article 10, paragraph 1 (b), the following phrase shall be deleted:

‘or, in the case of establishments approved in accordance with Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs, from an establishment which has undergone either a Community or a national inspection‧

| 5) | In Article 12, paragraph 9 shall be deleted; |
| --- | --- |

5)

In Article 12, paragraph 9 shall be deleted;

| 6) | In Article 15, paragraph 5 shall be deleted; |
| --- | --- |

6)

In Article 15, paragraph 5 shall be deleted;

| 7) | In Article 16, the following paragraph shall be inserted:
  ‘4.   Detailed rules for the introduction of products of animal origin for the supply of the crew and passengers of international means of transport, and for products of animal origin ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer, shall be laid down in accordance with Article 25 of Regulation (EC) No .../... (48);‧ |
| --- | --- |

7)

In Article 16, the following paragraph shall be inserted:

‘4.   Detailed rules for the introduction of products of animal origin for the supply of the crew and passengers of international means of transport, and for products of animal origin ordered remotely (for example, by mail, by telephone or via the internet) and delivered to the consumer, shall be laid down in accordance with Article 25 of Regulation (EC) No .../... (48);‧

| 8) | Article 21 shall be deleted; |
| --- | --- |

8)

Article 21 shall be deleted;

| 9) | Article 23 shall be deleted; |
| --- | --- |

9)

Article 23 shall be deleted;

| 10) | In Article 24, paragraph 1, second indent, the words ‘in accordance with Article 17(2) (a) and (b)‧ shall be replaced by the words ‘in accordance with Article 17‧. |
| --- | --- |

10)

In Article 24, paragraph 1, second indent, the words ‘in accordance with Article 17(2) (a) and (b)‧ shall be replaced by the words ‘in accordance with Article 17‧.

Article 59

Amendment of Directive 2000/29/EC

The following Article shall be inserted in Directive 2000/29/EC:

‘Article 27a

For the purpose of this Directive and without prejudice of Article 21 thereof, Articles 41 to 46 of Regulation (EC) No .../... of the European Parliament and of the Council of ... on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (49) shall apply, as appropriate.

Article 60

Amendment of Regulation (EC) .../... (50)

50

Regulation (EC) .../... (50) is hereby amended as follows:

50

| 1) | In Article 1, the following paragraph shall be added:
  ‘1a.   This Regulation shall apply in addition to Regulation (EC) No .../... of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (51).

  (51)  Not yet published in the OJ.‧" |
| --- | --- |

1)

In Article 1, the following paragraph shall be added:

‘1a.   This Regulation shall apply in addition to Regulation (EC) No .../... of the European Parliament and of the Council of on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (51).

51

(51)  Not yet published in the OJ.‧"

51

| 2) | In Article 2:






  (a) | in paragraph 1, subparagraphs (a), (b), (d) and (e) shall be deleted; and |
| --- | --- | --- |

2)

In Article 2:

(a)

in paragraph 1, subparagraphs (a), (b), (d) and (e) shall be deleted; and

| (b) | the following subparagraph shall be added to paragraph 2:
  ‘Regulation (EC) No .../... (52)


  (52)  Not yet published in the OJ.‧" |
| --- | --- |

(b)

the following subparagraph shall be added to paragraph 2:

‘Regulation (EC) No .../... (52)

52

(52)  Not yet published in the OJ.‧"

52

| 3) | In Article 3:






  (a) | paragraph 1 shall be replaced by the following:
  ‘1.   The competent authorities shall approve establishments when, and in the manner, specified in Article 31(2) of Regulation (EC) No .../... (50),‧
  and |
| --- | --- | --- |

3)

In Article 3:

(a)

paragraph 1 shall be replaced by the following:

‘1.   The competent authorities shall approve establishments when, and in the manner, specified in Article 31(2) of Regulation (EC) No .../... (50),‧

50

and

| (b) | paragraphs 4(a) and (b) and paragraph 6 shall be deleted. |
| --- | --- |

(b)

paragraphs 4(a) and (b) and paragraph 6 shall be deleted.

| 4) | Article 9 shall be deleted. |
| --- | --- |

4)

Article 9 shall be deleted.

| 5) | Article 10 shall be replaced with the following:
  ‘Article 10
  To ensure the uniform application of the principles and conditions laid down in Article 11 of Regulation (EC) No 178/2002 and Title VI, Chapter II, of Regulation (EC) No .../... (50) the procedures laid down in this Chapter shall apply.‧ |
| --- | --- |

5)

Article 10 shall be replaced with the following:

‘Article 10

To ensure the uniform application of the principles and conditions laid down in Article 11 of Regulation (EC) No 178/2002 and Title VI, Chapter II, of Regulation (EC) No .../... (50) the procedures laid down in this Chapter shall apply.‧

50

| 6) | In Article 11:






  (a) | paragraph 2 shall be replaced by the following:
  ‘2.   A third country shall appear on such lists only if a Community control in that country has taken place and demonstrates that the competent authority provides appropriate guarantees as specified in Article 48(3) of Regulation (EC) No .../... (53). However, a third country may appear on such lists without a Community control having taken place if:






  (a) | the risk determined in accordance with Article 46(3)(a) of Regulation (EC) No .../... (52) does not warrant it; and |
| --- | --- | --- | --- |

6)

In Article 11:

(a)

paragraph 2 shall be replaced by the following:

‘2.   A third country shall appear on such lists only if a Community control in that country has taken place and demonstrates that the competent authority provides appropriate guarantees as specified in Article 48(3) of Regulation (EC) No .../... (53). However, a third country may appear on such lists without a Community control having taken place if:

53

(a)

the risk determined in accordance with Article 46(3)(a) of Regulation (EC) No .../... (52) does not warrant it; and

52

| (b) | it is determined, when deciding to add a particular third country to a list in accordance with paragraph 1, that other information indicates that the competent authority provides the necessary guarantees.‧ |
| --- | --- |

(b)

it is determined, when deciding to add a particular third country to a list in accordance with paragraph 1, that other information indicates that the competent authority provides the necessary guarantees.‧

| (b) | in paragraph 4, the introduction shall be replaced by the following:
  ‘4.   When drawing up or updating lists, particular account shall be taken of the criteria listed in Articles 46 and 48(3) of Regulation (EC) No .../... (52). Regard shall also be had to:; and‧ |
| --- | --- |

(b)

in paragraph 4, the introduction shall be replaced by the following:

‘4.   When drawing up or updating lists, particular account shall be taken of the criteria listed in Articles 46 and 48(3) of Regulation (EC) No .../... (52). Regard shall also be had to:; and‧

52

| (c) | subparagraphs (b) to (h) of paragraph 4 shall be deleted. |
| --- | --- |

(c)

subparagraphs (b) to (h) of paragraph 4 shall be deleted.

| 7) | Article 14(2)(b) shall be replaced by the following:






  ‘(b) | any specific import conditions established in accordance with Article 48 of Regulation (EC) No .../... (52).‧ |
| --- | --- | --- |

7)

Article 14(2)(b) shall be replaced by the following:

‘(b)

any specific import conditions established in accordance with Article 48 of Regulation (EC) No .../... (52).‧

52

| 8) | In Article 18, points (17) to (20) shall be deleted. |
| --- | --- |

8)

In Article 18, points (17) to (20) shall be deleted.

Article 61

Repeal of Community acts

1.   Directives 70/373/EEC, 85/591/EEC, 89/397/EEC, 93/99/EEC and 95/53/EC and Decisions 93/383/EEC, 98/728/EC and 1999/313/EC are hereby repealed with effect from 1 January 2006. Directive 85/73/EEC is hereby repealed with effect from 1 January 2008.

2.   However, the implementing rules adopted on the basis of those acts, in particular those referred to in Annex VIII, shall remain in force insofar as they are not in contradiction with this Regulation, pending the adoption of the necessary provisions on the basis of this Regulation.

3.   Reference to the repealed acts shall be construed as references to this Regulation.

TITLE IX

GENERAL PROVISIONS

Article 62

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 or, where dealing with matters mainly relating to plant health, by the Standing Committee on plant health set up by Council Decision 76/894/EEC (54).

54

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, 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.

4.   The Committee shall adopt its rules of procedure.

Article 63

Implementing and transitional measures

1.   Implementing and transitional measures necessary to ensure the uniform application of this Regulation may be laid down in accordance with the procedure referred to in Article 62(3).

This applies in particular to:

| (a) | the delegation of control tasks to control bodies referred to in Article 5, where these control bodies were already in operation before the entry into force of this Regulation; |
| --- | --- |

(a)

the delegation of control tasks to control bodies referred to in Article 5, where these control bodies were already in operation before the entry into force of this Regulation;

| (b) | any modification with regard to the standards referred to in Article 12(2); |
| --- | --- |

(b)

any modification with regard to the standards referred to in Article 12(2);

| (c) | the non-compliance referred to in Article 28 which gives rise to expenses arising from additional official controls; |
| --- | --- |

(c)

the non-compliance referred to in Article 28 which gives rise to expenses arising from additional official controls;

| (d) | expenditure incurred pursuant to Article 54; |
| --- | --- |

(d)

expenditure incurred pursuant to Article 54;

| (e) | rules on microbiological, physical and/or chemical analysis in official controls, in particular in case of suspicion of risk and including the surveillance of the safety of products imported from third countries; |
| --- | --- |

(e)

rules on microbiological, physical and/or chemical analysis in official controls, in particular in case of suspicion of risk and including the surveillance of the safety of products imported from third countries;

| (f) | defining what feed is to be considered as feed of animal origin for the purpose of this Regulation. |
| --- | --- |

(f)

defining what feed is to be considered as feed of animal origin for the purpose of this Regulation.

2.   In order to take account of the specificity of Regulations (EEC) No 2092/91, (EEC) No 2081/92 and (EEC) No 2082/92, specific measures to be adopted in accordance with the procedure referred to in Article 62(3) may provide for the necessary derogations from and adjustments to the rules laid down in this Regulation.

Article 64

Amendment of Annexes and references to European Standards

In accordance with the procedure referred to in Article 62(3):

| 1) | the Annexes to this Regulation may be updated, except for Annex I, Annex IV and Annex V, without prejudice to Article 27(3), in particular in order to take account of administrative changes and scientific and/or technological progress; |
| --- | --- |

1)

the Annexes to this Regulation may be updated, except for Annex I, Annex IV and Annex V, without prejudice to Article 27(3), in particular in order to take account of administrative changes and scientific and/or technological progress;

| 2) | the references to the European Standards referred to in this Regulation may be updated in the event that CEN amends these references. |
| --- | --- |

2)

the references to the European Standards referred to in this Regulation may be updated in the event that CEN amends these references.

Article 65

Report to the European Parliament and the Council

1.   The Commission shall, not later than ... (55), submit a report to the European Parliament and the Council.

55

2.   The report shall, in particular, review the experience gained from the application of this Regulation and consider in particular the following issues:

| (a) | re-evaluating the scope, in relation to animal health and animal welfare; |
| --- | --- |

(a)

re-evaluating the scope, in relation to animal health and animal welfare;

| (b) | ensuring that other sectors contribute to the financing of official controls by extending the list of activities referred to in Annex IV, section A and in Annex V, section A, and taking into account in particular the impact of the Community feed and food hygiene legislation after its adoption; |
| --- | --- |

(b)

ensuring that other sectors contribute to the financing of official controls by extending the list of activities referred to in Annex IV, section A and in Annex V, section A, and taking into account in particular the impact of the Community feed and food hygiene legislation after its adoption;

| (c) | setting updated minimum rates for fees referred to in Annex IV, section B and in Annex V, section B, taking into account in particular risk factors. |
| --- | --- |

(c)

setting updated minimum rates for fees referred to in Annex IV, section B and in Annex V, section B, taking into account in particular risk factors.

3.   The Commission shall, if appropriate, accompany the report with relevant proposals.

Article 66

Community financial support

1.   The appropriations required for:

| (a) | the travel and subsistence expenses that Member States' experts incur as a result of the Commission appointing them to assist its experts as provided for in Articles 45(1) and 46(1); |
| --- | --- |

(a)

the travel and subsistence expenses that Member States' experts incur as a result of the Commission appointing them to assist its experts as provided for in Articles 45(1) and 46(1);

| (b) | the training of control staff provided for in Article 51; |
| --- | --- |

(b)

the training of control staff provided for in Article 51;

| (c) | the financing of other measures necessary to ensure the application of this Regulation, |
| --- | --- |

(c)

the financing of other measures necessary to ensure the application of this Regulation,

shall be authorised each year in the framework of the budgetary procedure.

2.   The measures referred to in paragraph 1(c) shall include in particular the organisation of conferences, the establishment of databases, the publication of information, the organisation of studies and the organisation of meetings to prepare the sessions of the Standing Committee on the Food Chain and Animal Health.

3.   Technical support and a financial contribution from the Community for the organisation of the activities referred to in Article 50 may be granted within the limits of the human and financial resources available to the Commission.

TITLE X

FINAL PROVISION

Article 67

Entry into force

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

It shall apply from 1 January 2006.

However, Articles 27 and 28 shall apply from 1 January 2007.

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

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 234, 30.9.2003, p. 25.

1

(2)  OJ C 23, 27.1.2004, p. 14.

2

(3)  Position of the European Parliament of 9 March 2004 (not yet published in the Official Journal).

3

(4)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

4

(5)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).

5

(6)  OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Regulation (EC) No 392/2004 (OJ L 65, 3.3.2004, p. 1).

6

(7)  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

7

(8)  OJ L 208, 24.7.1992, p. 9. Regulation as last amended by Regulation (EC) No 806/2003.

8

(9)  Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p. 9).

9

(10)  Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries (OJ L 268, 24.9.1991, p. 56). Directive as last amended by Directive 96/43/EC (OJ L 162, 1.7.1996, p. 1).

10

(11)  OJ L 265, 8.11.1995, p. 17. Directive as last amended by Directive 2001/46/EC of the European Parliament and of the Council (OJ L 234, 1.9.2001, p. 55).

11

(12)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).

12

(13)  OJ L 40, 17.2.1993, p. 1. Regulation as last amended by Regulation (EC) No 806/2003.

13

(14)  Not yet published in the OJ.

14

(15)  OJ L 332, 30.12.1995, p. 15. Directive as last amended by Regulation (EC) No 806/2003.

15

(16)  Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, (OJ L 125, 23.5.1996, p. 3). Directive as last amended by Directive 2003/74/EC of the European Parliament and of the Council (OJ L 262, 14.10.2003, p. 17).

16

(17)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (OJ L 125, 23.5.1996, p. 10). Directive as last amended by Regulation (EC) No 806/2003.

17

(18)  Regulation (EC) No ..../... of the European Parliament and of the Council of [...] laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ: insert Reference to Regulation).

18

(19)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1). Regulation as last amended by Commission Regulation (EC) No 2245/2003 (OJ L 333, 20.12.2003, p. 28).

19

(20)  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other food-borne zoonotic agents (OJ L 325, 12.12.2003, p.1).

20

(21)  Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (OJ L 221, 7.8.1986, p. 37). Directive as last amended by Commission Directive 2004/2/EC (OJ L 14, 21.01.2004, p. 10).

21

(22)  Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (OJ L 350, 14.12.1990, p. 71). Directive as last amended by Commission Directive 2004/2/EC.

22

(23)  Commission Directive 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (OJ L 34, 11.2.1992, p. 28).

23

(24)  Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ L 34, 11.2.1992, p. 30).

24

(25)  Council Directive 70/373/EEC of 20 July 1970 on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs (OJ L 170, 3.8.1970, p. 2). Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

25

(26)  Council Directive 85/591/EEC of 20 December 1985 concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption (OJ L 372, 31.12.1985, p. 50). 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).

26

(27)  Council Directive 89/397/EEC of 14 June 1989 on the official control of foodstuffs (OJ L 186, 30.6.1989, p. 23).

27

(28)  Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (OJ L 290, 24.11.1993, p. 14). Directive as amended by Regulation (EC) No 1882/2003.

28

(29)  Council Decision 93/383/EEC of 14 June 1993 of reference laboratories for the monitoring of marine biotoxines (OJ L 166, 8.7.1993, p. 31). Decision as amended by Decision 1999/312/EC (OJ L 120, 8.5.1999, p. 37).

29

(30)  Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products (OJ L 162, 1.7.1996, p. 1).

30

(31)  Council Decision 98/728/EC of 14 December 1998 concerning a Community system for fees in the animal feed sector (OJ L 346, 22.12.1998, p. 51).

31

(32)  Council Decision 1999/313/EC of 29 April 1999 on reference laboratories for monitoring bacteriological and viral contamination of bivalve molluscs (OJ L 120, 8.5.1999, p. 40).

32

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

33

(34)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

34

(35)  OJ L 145, 31.5.2001, p. 43.

35

(36)  Regulation (EC) No .../... of the European Parliament and of the Council of ... (OJ L .., .., p. ..).

36

(37)  Not yet published in the OJ.

37

(38)  Regulation (EC) No .../... of the European Parliament and of the Council of ..., laying down specific hygiene rules for food of animal origin intended for human consumption, and amending Directives 89/662/EEC and 91/67/EEC (OJ L ...).

38

(39)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003.

39

(40)  OJ L 351, 2.12.1989, p. 34.

40

(41)  Not yet published in the OJ.

41

(43)  Not yet published in the OJ.

43

(48)  Not yet published in the OJ.

48

(50)  Not yet published in the OJ.

50

(53)  Not yet published in the OJ.

53

(54)  OJ L 340, 9.12.1976, p. 25.

54

(55)  Three years after the entry into force of this Regulation.

55

ANNEX I

TERRITORIES REFERRED TO IN ARTICLE 2(15)

| 1. | The territory of the Kingdom of Belgium. |
| --- | --- |

1.

The territory of the Kingdom of Belgium.

| 2. | The territory of the Kingdom of Denmark with the exception of the Faroe Islands and Greenland. |
| --- | --- |

2.

The territory of the Kingdom of Denmark with the exception of the Faroe Islands and Greenland.

| 3. | The territory of the Federal Republic of Germany. |
| --- | --- |

3.

The territory of the Federal Republic of Germany.

| 4. | The territory of the Kingdom of Spain with the exception of Ceuta and Melilla. |
| --- | --- |

4.

The territory of the Kingdom of Spain with the exception of Ceuta and Melilla.

| 5. | The territory of the Hellenic Republic. |
| --- | --- |

5.

The territory of the Hellenic Republic.

| 6. | The territory of the French Republic. |
| --- | --- |

6.

The territory of the French Republic.

| 7. | The territory of Ireland. |
| --- | --- |

7.

The territory of Ireland.

| 8. | The territory of the Italian Republic. |
| --- | --- |

8.

The territory of the Italian Republic.

| 9. | The territory of the Grand Duchy of Luxembourg. |
| --- | --- |

9.

The territory of the Grand Duchy of Luxembourg.

| 10. | The territory of the Kingdom of the Netherlands in Europe. |
| --- | --- |

10.

The territory of the Kingdom of the Netherlands in Europe.

| 11. | The territory of the Portuguese Republic. |
| --- | --- |

11.

The territory of the Portuguese Republic.

| 12. | The territory of the United Kingdom of Great Britain and Northern Ireland. |
| --- | --- |

12.

The territory of the United Kingdom of Great Britain and Northern Ireland.

| 13. | The territory of the Republic of Austria. |
| --- | --- |

13.

The territory of the Republic of Austria.

| 14. | The territory of the Republic of Finland. |
| --- | --- |

14.

The territory of the Republic of Finland.

| 15. | The territory of the Kingdom of Sweden. |
| --- | --- |

15.

The territory of the Kingdom of Sweden.

ANNEX II

COMPETENT AUTHORITIES

Chapter I: Subject matter for the training of staff performing official controls

| 1. | Different control techniques, such as auditing, sampling and inspection. |
| --- | --- |

1.

Different control techniques, such as auditing, sampling and inspection.

| 2. | Control procedures. |
| --- | --- |

2.

Control procedures.

| 3. | Feed and food law. |
| --- | --- |

3.

Feed and food law.

| 4. | The different stages of production, processing and distribution, and the possible risks for human health, and where appropriate for the health of animals and plants and for the environment. |
| --- | --- |

4.

The different stages of production, processing and distribution, and the possible risks for human health, and where appropriate for the health of animals and plants and for the environment.

| 5. | Assessment of non-compliance with feed and food law. |
| --- | --- |

5.

Assessment of non-compliance with feed and food law.

| 6. | Hazards in animal, feed and food production. |
| --- | --- |

6.

Hazards in animal, feed and food production.

| 7. | The evaluation of the application of HACCP procedures. |
| --- | --- |

7.

The evaluation of the application of HACCP procedures.

| 8. | Management systems such as quality assurance programmes that feed and food businesses operate and their assessment in so far as these are relevant for feed or food law requirements. |
| --- | --- |

8.

Management systems such as quality assurance programmes that feed and food businesses operate and their assessment in so far as these are relevant for feed or food law requirements.

| 9. | Official certification systems. |
| --- | --- |

9.

Official certification systems.

| 10. | Contingency arrangements for emergencies, including communication between Member States and the Commission. |
| --- | --- |

10.

Contingency arrangements for emergencies, including communication between Member States and the Commission.

| 11. | Legal proceedings and implications of official controls. |
| --- | --- |

11.

Legal proceedings and implications of official controls.

| 12. | Examination of written, documentary material and other records, including those related to proficiency testing, accreditation and risk assessment, which may be relevant to the assessment of compliance with feed or food law; this may include financial and commercial aspects. |
| --- | --- |

12.

Examination of written, documentary material and other records, including those related to proficiency testing, accreditation and risk assessment, which may be relevant to the assessment of compliance with feed or food law; this may include financial and commercial aspects.

| 13. | Any other area, including animal health and animal welfare, necessary to ensure that official controls are carried out in accordance with this Regulation. |
| --- | --- |

13.

Any other area, including animal health and animal welfare, necessary to ensure that official controls are carried out in accordance with this Regulation.

CHAPTER II: SUBJECT AREAS FOR CONTROL PROCEDURES

| 1. | The organisation of the competent authority and the relationship between central competent authorities and authorities to which they have delegated tasks to carry out official controls. |
| --- | --- |

1.

The organisation of the competent authority and the relationship between central competent authorities and authorities to which they have delegated tasks to carry out official controls.

| 2. | The relationship between competent authorities and control bodies to which they have delegated tasks related to official controls. |
| --- | --- |

2.

The relationship between competent authorities and control bodies to which they have delegated tasks related to official controls.

| 3. | A statement on the objectives to be achieved. |
| --- | --- |

3.

A statement on the objectives to be achieved.

| 4. | Tasks, responsibilities and duties of staff. |
| --- | --- |

4.

Tasks, responsibilities and duties of staff.

| 5. | Sampling procedures, control methods and techniques, interpretation of results and consequent decisions. |
| --- | --- |

5.

Sampling procedures, control methods and techniques, interpretation of results and consequent decisions.

| 6. | Monitoring and surveillance programmes. |
| --- | --- |

6.

Monitoring and surveillance programmes.

| 7. | Mutual assistance in the event that official controls require more than one Member State to take action. |
| --- | --- |

7.

Mutual assistance in the event that official controls require more than one Member State to take action.

| 8. | Action to be taken following official controls. |
| --- | --- |

8.

Action to be taken following official controls.

| 9. | Cooperation with other services or departments that may have relevant responsibilities. |
| --- | --- |

9.

Cooperation with other services or departments that may have relevant responsibilities.

| 10. | Verification of the appropriateness of methods of sampling, methods of analysis and detection tests. |
| --- | --- |

10.

Verification of the appropriateness of methods of sampling, methods of analysis and detection tests.

| 11. | Any other activity or information required for the effective functioning of the official controls. |
| --- | --- |

11.

Any other activity or information required for the effective functioning of the official controls.

ANNEX III

CHARACTERISATION OF METHODS OF ANALYSIS

| 1. | Methods of analysis should be characterised by the following criteria:






  (a) | accuracy; |
| --- | --- | --- |

1.

Methods of analysis should be characterised by the following criteria:

(a)

accuracy;

| (b) | applicability (matrix and concentration range); |
| --- | --- |

(b)

applicability (matrix and concentration range);

| (c) | limit of detection; |
| --- | --- |

(c)

limit of detection;

| (d) | limit of determination; |
| --- | --- |

(d)

limit of determination;

| (e) | precision; |
| --- | --- |

(e)

precision;

| (f) | repeatability; |
| --- | --- |

(f)

repeatability;

| (g) | reproducibility; |
| --- | --- |

(g)

reproducibility;

| (h) | recovery; |
| --- | --- |

(h)

recovery;

| (i) | selectivity; |
| --- | --- |

(i)

selectivity;

| (j) | sensitivity; |
| --- | --- |

(j)

sensitivity;

| (k) | linearity; |
| --- | --- |

(k)

linearity;

| (l) | measurement uncertainty; |
| --- | --- |

(l)

measurement uncertainty;

| (m) | other criteria that may be selected as required. |
| --- | --- |

(m)

other criteria that may be selected as required.

| 2. | The precision values referred to in 1(e) shall either be obtained from a collaborative trial which has been conducted in accordance with an internationally recognised protocol on collaborative trials (e.g. ISO 5725:1994 or the IUPAC International Harmonised Protocol) or, where performance criteria for analytical methods have been established, be based on criteria compliance tests. The repeatability and reproducibility values shall be expressed in an internationally recognised form (e.g. the 95 % confidence intervals as defined by ISO 5725:1994 or IUPAC). The results from the collaborative trial shall be published or freely available. |
| --- | --- |

2.

The precision values referred to in 1(e) shall either be obtained from a collaborative trial which has been conducted in accordance with an internationally recognised protocol on collaborative trials (e.g. ISO 5725:1994 or the IUPAC International Harmonised Protocol) or, where performance criteria for analytical methods have been established, be based on criteria compliance tests. The repeatability and reproducibility values shall be expressed in an internationally recognised form (e.g. the 95 % confidence intervals as defined by ISO 5725:1994 or IUPAC). The results from the collaborative trial shall be published or freely available.

| 3. | Methods of analysis which are applicable uniformly to various groups of commodities should be given preference over methods which apply only to individual commodities. |
| --- | --- |

3.

Methods of analysis which are applicable uniformly to various groups of commodities should be given preference over methods which apply only to individual commodities.

| 4. | In situations where methods of analysis can only be validated within a single laboratory then they should be validated in accordance with e.g. IUPAC Harmonised Guidelines, or where performance criteria for analytical methods have been established, be based on criteria compliance tests. |
| --- | --- |

4.

In situations where methods of analysis can only be validated within a single laboratory then they should be validated in accordance with e.g. IUPAC Harmonised Guidelines, or where performance criteria for analytical methods have been established, be based on criteria compliance tests.

| 5. | Methods of analysis adopted under this Regulation should be edited in the standard layout for methods of analysis recommended by the ISO. |
| --- | --- |

5.

Methods of analysis adopted under this Regulation should be edited in the standard layout for methods of analysis recommended by the ISO.

ANNEX IV

ACTIVITIES AND MINIMUM RATES FOR FEES OR CHARGES RELATED TO OFFICIAL CONTROLS IN RELATION TO COMMUNITY ESTABLISHMENTS

SECTION A: ACTIVITIES

| 1. | The activities covered by Directives 89/662/EEC, 90/425/EEC, 93/119/EC and 96/23/EC for which Member States are currently collecting fees under Directive 85/73/EEC. |
| --- | --- |

1.

The activities covered by Directives 89/662/EEC, 90/425/EEC, 93/119/EC and 96/23/EC for which Member States are currently collecting fees under Directive 85/73/EEC.

| 2. | The approval of feed establishments. |
| --- | --- |

2.

The approval of feed establishments.

SECTION B: MINIMUM RATES

Member States shall collect for controls relating to the following list of products, at least the corresponding minimum rates for fees or charges.

CHAPTER I:

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO SLAUGHTER INSPECTION

| (a) | beef meat | |
| --- | --- | --- |
| | — adult bovine animals: | 5 EUR/animal |
| | — young bovine animals: | 2 EUR/animal |
| (b) | solipeds equidae: | 3 EUR/animal |
| (c) | pigmeat: animals of a carcass weight | |
| | — of less than 25 kg: | 0,5 EUR/animal |
| | — equal to or greater than 25 kg: | 1 EUR/animal |
| (d) | sheepmeat and goatmeat: animals of a carcass weight | |
| | — of less than 12 kg: | 0,15 EUR/animal |
| | — equal to or greater than 12 kg: | 0,25 EUR/animal |
| (e) | poultry meat | |
| | — poultry of genus Gallus and guinea fowl: | 0,005 EUR/animal |
| | — ducks and geese: | 0,01 EUR/animal |
| | — turkeys: | 0,025 EUR/animal |
| | — farmed rabbit meat: | 0,005 EUR/animal. |

(a)

beef meat

— adult bovine animals:

5 EUR/animal

— young bovine animals:

2 EUR/animal

(b)

solipeds equidae:

3 EUR/animal

(c)

pigmeat: animals of a carcass weight

— of less than 25 kg:

0,5 EUR/animal

— equal to or greater than 25 kg:

1 EUR/animal

(d)

sheepmeat and goatmeat: animals of a carcass weight

— of less than 12 kg:

0,15 EUR/animal

— equal to or greater than 12 kg:

0,25 EUR/animal

(e)

poultry meat

— poultry of genus Gallus and guinea fowl:

0,005 EUR/animal

— ducks and geese:

0,01 EUR/animal

— turkeys:

0,025 EUR/animal

— farmed rabbit meat:

0,005 EUR/animal.

CHAPTER II

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO CUTTING PLANTS CONTROLS

Per tonne of meat:

| — | beef, veal, pig, solipeds/equidae, sheep and goat meat: |
| --- | --- |

—

beef, veal, pig, solipeds/equidae, sheep and goat meat:

EUR 2

— poultry and farmed rabbit meat:

EUR 1,5

— farmed and wild game meat:

— small game birds and ground game:

EUR 1,5

— ratites meat (ostrich, emu, nandou):

EUR 3

— boars and ruminants:

EUR 2.

CHAPTER III

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO GAME PROCESSING HOUSES

| (a) | small game birds: | 0,005 EUR/animal |
| --- | --- | --- |
| (b) | small ground game: | 0,01 EUR/animal |
| (c) | ratites: | 0,5 EUR/animal |
| (d) | land mammals: | |
| | — boar: | 1,5 EUR/animal |
| | — ruminants: | 0,5 EUR/animal |

(a)

small game birds:

0,005 EUR/animal

(b)

small ground game:

0,01 EUR/animal

(c)

ratites:

0,5 EUR/animal

(d)

land mammals:

— boar:

1,5 EUR/animal

— ruminants:

0,5 EUR/animal

CHAPTER IV

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO MILK PRODUCTION

| — | EUR 1 per 30 tonnes and |
| --- | --- |

—

EUR 1 per 30 tonnes and

| — | EUR 0,5 per tonne, thereafter. |
| --- | --- |

—

EUR 0,5 per tonne, thereafter.

CHAPTER V

MINIMUM RATES FOR FEES OR CHARGES APPLICABLE TO THE PRODUCING AND PLACING ON THE MARKET OF FISHERY PRODUCTS AND AQUACULTURE PRODUCTS

| (a) | first placing on the market of fishery and aquaculture products:






  — | 1 EUR/tonne for the first 50 tonnes in the month; |
| --- | --- | --- |

(a)

first placing on the market of fishery and aquaculture products:

—

1 EUR/tonne for the first 50 tonnes in the month;

| — | 0,5 EUR/tonne thereafter. |
| --- | --- |

—

0,5 EUR/tonne thereafter.

| (b) | first sale in fish market






  — | 0,5 EUR/tonne for the first 50 tonnes in the month; |
| --- | --- | --- |

(b)

first sale in fish market

—

0,5 EUR/tonne for the first 50 tonnes in the month;

| — | 0,25 EUR/tonne thereafter. |
| --- | --- |

—

0,25 EUR/tonne thereafter.

| (c) | first sale in case of lack of or insufficient gradation for freshness and/or size in accordance with Regulation (EEC) No 103/76 and No 104/76:






  — | 1 EUR/tonne for the first 50 tonnes in the month; |
| --- | --- | --- |

(c)

first sale in case of lack of or insufficient gradation for freshness and/or size in accordance with Regulation (EEC) No 103/76 and No 104/76:

—

1 EUR/tonne for the first 50 tonnes in the month;

| — | 0,5 EUR/tonne thereafter. |
| --- | --- |

—

0,5 EUR/tonne thereafter.

The fees collected on the species referred to in Annex II to Commission Regulation (EEC) No 3703/85 must not exceed EUR 50 per consignment.

Member States will collect 0,5 EUR/tonne for the processing of fishery and aquaculture products.

ANNEX V

ACTIVITIES AND MINIMUM RATES FOR FEES OR CHARGES RELATED TO THE OFFICIAL CONTROLS OF GOODS AND LIVE ANIMALS INTRODUCED INTO THE COMMUNITY

SECTION A: ACTIVITIES OR CONTROLS

The activities covered by Directives 97/78/EC and 91/496/EEC for which Member States are currently collecting fees under Directive 85/73/EEC.

SECTION B: FEES OR CHARGES

CHAPTER I:

FEES APPLICABLE TO IMPORTED MEAT

The minimum fee rates for the official control on the import of a consignment of meat are fixed at:

| — | EUR 55 per consignment, up to 6 tonnes, and |
| --- | --- |

—

EUR 55 per consignment, up to 6 tonnes, and

| — | EUR 9 per tonne, up to 46 tonnes, thereafter, or |
| --- | --- |

—

EUR 9 per tonne, up to 46 tonnes, thereafter, or

| — | EUR 420 per consignment, over 46 tonnes. |
| --- | --- |

—

EUR 420 per consignment, over 46 tonnes.

CHAPTER II

FEES APPLICABLE TO IMPORTED FISHERY PRODUCTS

| 1. | The minimum fee for the official control on the import of a consignment of fishery products is fixed at:






  — | EUR 55 per consignment, up to 6 tonnes, and |
| --- | --- | --- |

1.

The minimum fee for the official control on the import of a consignment of fishery products is fixed at:

—

EUR 55 per consignment, up to 6 tonnes, and

| — | EUR 9 per tonne, up to 46 tonnes, thereafter, or |
| --- | --- |

—

EUR 9 per tonne, up to 46 tonnes, thereafter, or

| — | EUR 420 per consignment, over 46 tonnes. |
| --- | --- |

—

EUR 420 per consignment, over 46 tonnes.

| 2. | The above amount for the official control on the import of a consignment of fishery products, transported as break bulk shipment, shall be:






  — | EUR 600 per vessel, with a cargo of fishery products up to 500 tonnes, |
| --- | --- | --- |

2.

The above amount for the official control on the import of a consignment of fishery products, transported as break bulk shipment, shall be:

—

EUR 600 per vessel, with a cargo of fishery products up to 500 tonnes,

| — | EUR 1 200 per vessel, with a cargo of fishery products up to 1 000 tonnes, |
| --- | --- |

—

EUR 1 200 per vessel, with a cargo of fishery products up to 1 000 tonnes,

| — | EUR 2 400 per vessel, with a cargo of fishery products up to 2 000 tonnes, |
| --- | --- |

—

EUR 2 400 per vessel, with a cargo of fishery products up to 2 000 tonnes,

| — | EUR 3 600 per vessel, with a cargo of fishery products of more than 2 000 tonnes. |
| --- | --- |

—

EUR 3 600 per vessel, with a cargo of fishery products of more than 2 000 tonnes.

| 3. | In the case of fishery products caught in their natural environment directly landed by a fishing vessel flying the flag of a third country, the provisions laid down in Annex IV, Section B, Chapter V, point a) shall apply. |
| --- | --- |

3.

In the case of fishery products caught in their natural environment directly landed by a fishing vessel flying the flag of a third country, the provisions laid down in Annex IV, Section B, Chapter V, point a) shall apply.

CHAPTER III

FEES OR CHARGES APPLICABLE TO MEAT PRODUCTS, POULTRY MEAT, WILD GAME MEAT, RABBIT MEAT, FARMED GAME MEAT, by-PRODUCTS AND FEED OF ANIMAL ORIGIN

| 1. | The minimum fee for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II or a consignment of by-products of animal origin or a consignment of feed, is fixed at:






  — | EUR 55 per consignment, up to 6 tonnes, and |
| --- | --- | --- |

1.

The minimum fee for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II or a consignment of by-products of animal origin or a consignment of feed, is fixed at:

—

EUR 55 per consignment, up to 6 tonnes, and

| — | EUR 9 per tonne, up to 46 tonnes, thereafter, or |
| --- | --- |

—

EUR 9 per tonne, up to 46 tonnes, thereafter, or

| — | EUR 420 per consignment, over 46 tonnes. |
| --- | --- |

—

EUR 420 per consignment, over 46 tonnes.

| 2. | The above amount for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II, a consignment of by-products of animal origin or a consignment of feed transported as break bulk shipment, shall be:






  — | EUR 600 per vessel, with a cargo of products up to 500 tonnes, |
| --- | --- | --- |

2.

The above amount for the official control on the import of a consignment of products of animal origin other than those mentioned in Chapters I and II, a consignment of by-products of animal origin or a consignment of feed transported as break bulk shipment, shall be:

—

EUR 600 per vessel, with a cargo of products up to 500 tonnes,

| — | EUR 1 200 per vessel, with a cargo of products up to 1 000 tonnes, |
| --- | --- |

—

EUR 1 200 per vessel, with a cargo of products up to 1 000 tonnes,

| — | EUR 2 400 per vessel, with a cargo of products up to 2 000 tonnes, |
| --- | --- |

—

EUR 2 400 per vessel, with a cargo of products up to 2 000 tonnes,

| — | EUR 3 600 per vessel, with a cargo products of more than 2 000 tonnes. |
| --- | --- |

—

EUR 3 600 per vessel, with a cargo products of more than 2 000 tonnes.

CHAPTER IV

FEES APPLICABLE TO TRANSIT THROUGH THE COMMUNITY OF GOODS AND LIVE ANIMALS

The amount of fees or charges for the official control on the transit of goods and live animals through the Community is fixed at a minimum level of EUR 30, increased by EUR 20 per quarter of an hour for every member of staff involved in the controls.

CHAPTER V

FEES APPLICABLE TO IMPORTED LIVE ANIMALS

| 1. | The fee for the official control on the import of a consignment of live animals is fixed:






  (a) | for bovine animals, equidae, pigs, sheep, goats, poultry, rabbits and small game birds or ground game and the following land mammals: wild boar and ruminants, at:






  — | EUR 55 per consignment, up to 6 tonnes, and |
| --- | --- | --- | --- |

1.

The fee for the official control on the import of a consignment of live animals is fixed:

(a)

for bovine animals, equidae, pigs, sheep, goats, poultry, rabbits and small game birds or ground game and the following land mammals: wild boar and ruminants, at:

—

EUR 55 per consignment, up to 6 tonnes, and

| — | EUR 9 per tonne, up to 46 tonnes, thereafter, or |
| --- | --- |

—

EUR 9 per tonne, up to 46 tonnes, thereafter, or

| — | EUR 420 per consignment, over 46 tonnes, |
| --- | --- |

—

EUR 420 per consignment, over 46 tonnes,

| (b) | for animals of other species at the actual cost of inspection expressed either per animal or per tonne imported, at:






  — | EUR 55 per consignment, up to 46 tonnes, or |
| --- | --- | --- |

(b)

for animals of other species at the actual cost of inspection expressed either per animal or per tonne imported, at:

—

EUR 55 per consignment, up to 46 tonnes, or

| — | EUR 420 per consignment, over 46 tonnes, |
| --- | --- |

—

EUR 420 per consignment, over 46 tonnes,

it being understood that this minimum does not apply to imports of species referred to in Commission Decision 92/432/EEC.

| 2. | At the request of a Member State, accompanied by appropriate supporting documents and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, a lower level of fees may be applied to imports from certain third countries. |
| --- | --- |

2.

At the request of a Member State, accompanied by appropriate supporting documents and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC, a lower level of fees may be applied to imports from certain third countries.

ANNEX VI

CRITERIA TO BE TAKEN INTO CONSIDERATION FOR THE CALCULATION OF FEES

| 1. | the salaries of the staff involved in the official controls; |
| --- | --- |

1.

the salaries of the staff involved in the official controls;

| 2. | the costs for the staff involved in the official controls, including facilities, tools, equipment, training, travel and associated costs; |
| --- | --- |

2.

the costs for the staff involved in the official controls, including facilities, tools, equipment, training, travel and associated costs;

| 3. | the laboratory analysis and sampling costs. |
| --- | --- |

3.

the laboratory analysis and sampling costs.

ANNEX VII

COMMUNITY REFERENCE LABORATORIES

| I. | Community reference laboratories for feed and food






  1. | Community reference laboratory for milk and milk products





  AFSSA-LERHQA |
| --- | --- | --- |
| 94700 Maisons-Alfort |
| France |

I.

Community reference laboratories for feed and food

1.

Community reference laboratory for milk and milk products

AFSSA-LERHQA

94700 Maisons-Alfort

France

| 2. | Community reference laboratories for the analysis and testing of zoonoses (Salmonella)





  Rijksinstituut voor Volksgezondheid en Milieu (RIVM) |
| --- | --- |
| 3720 BA Bilthoven |
| The Netherlands |

2.

Community reference laboratories for the analysis and testing of zoonoses (Salmonella)

Rijksinstituut voor Volksgezondheid en Milieu (RIVM)

3720 BA Bilthoven

The Netherlands

| 3. | Community reference laboratory for the monitoring of marine biotoxinsMinisterio de Sanidad y Consumo, Vigo, Spain. |
| --- | --- |

3.

Community reference laboratory for the monitoring of marine biotoxins

| 4. | Community reference laboratory for monitoring the viral and bacteriological contamination of bivalve molluscsThe laboratory of the Centre for Environment, Fisheries and Aquaculture Science, Weymouth, United Kingdom. |
| --- | --- |

4.

Community reference laboratory for monitoring the viral and bacteriological contamination of bivalve molluscs

| 5. | Community reference laboratories for residues






  (a) | For the residues listed in Annex I, Group A 1, 2, 3, 4, Group B 2 (d) and Group B 3 (d) to Council Directive 96/23/EC





  Rijksinstituut voor Volksgezondheid en Milieu (RIVM) |
| --- | --- | --- |
| NL-3720 BA Bilthoven, The Netherlands |

5.

Community reference laboratories for residues

(a)

For the residues listed in Annex I, Group A 1, 2, 3, 4, Group B 2 (d) and Group B 3 (d) to Council Directive 96/23/EC

Rijksinstituut voor Volksgezondheid en Milieu (RIVM)

NL-3720 BA Bilthoven, The Netherlands

| (b) | For the residues listed in Annex I, Group B 1 and B 3 (e) to Council Directive 96/23/EC and carbadox and olaquidonx





  Laboratoires d'études et de recherche sur les médicaments vétérinaires |
| --- | --- |
| AFSSA-Site de Fougères |
| BP 90203, France |

(b)

For the residues listed in Annex I, Group B 1 and B 3 (e) to Council Directive 96/23/EC and carbadox and olaquidonx

Laboratoires d'études et de recherche sur les médicaments vétérinaires

AFSSA-Site de Fougères

BP 90203, France

| (c) | For the residues listed in Annex I, Group A 5 and Group B 2 (a), (b), (e) to Council Directive 96/23/EC





  Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL) |
| --- | --- |
| Postfach 140162 |
| 53056 Bonn, Germany |

(c)

For the residues listed in Annex I, Group A 5 and Group B 2 (a), (b), (e) to Council Directive 96/23/EC

Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL)

Postfach 140162

53056 Bonn, Germany

| (d) | For the residues listed in Annex I, Group B 2 (c) and Group B 3 (a), (b), (c) to Council Directive 96/23/EC





  Istituto Superiore di Sanità |
| --- | --- |
| I-00161 Roma, Italy |

(d)

For the residues listed in Annex I, Group B 2 (c) and Group B 3 (a), (b), (c) to Council Directive 96/23/EC

Istituto Superiore di Sanità

I-00161 Roma, Italy

| 6. | Community reference laboratory for transmissible spongiform encephalopathies (TSEs)
  The laboratory referred to in Annex X, Chapter B of Regulation (EC) No 999/2001. |
| --- | --- |

6.

Community reference laboratory for transmissible spongiform encephalopathies (TSEs)

The laboratory referred to in Annex X, Chapter B of Regulation (EC) No 999/2001.

| 7. | Community reference laboratory for additives for use in animal nutrition
  The laboratory referred to in Annex II of Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1) |
| --- | --- |

7.

Community reference laboratory for additives for use in animal nutrition

The laboratory referred to in Annex II of Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1)

| 8. | Community reference laboratory for Genetically Modified Organisms (GMO)
  The laboratory referred to in the Annex to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2). |
| --- | --- |

8.

Community reference laboratory for Genetically Modified Organisms (GMO)

The laboratory referred to in the Annex to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2).

| 9. | Community reference laboratory for material intended to come into contact with foodstuffs
  The Joint Research Centre of the Commission |
| --- | --- |

9.

Community reference laboratory for material intended to come into contact with foodstuffs

The Joint Research Centre of the Commission

| II. | Community reference laboratories for animal health p.m. |
| --- | --- |

II.

Community reference laboratories for animal health p.m.

---

(1)  OJ L 268, 18.10.2003, p. 29.

(2)  OJ L 268, 18.10.2003, p. 1.

ANNEX VIII

IMPLEMENTING RULES THAT REMAIN IN FORCE PURSUANT TO ARTICLE 61

| 1. | Implementing rules based on Directive 70/373/EEC on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs.






  (a) | First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feedingstuffs (1); |
| --- | --- | --- |

1.

Implementing rules based on Directive 70/373/EEC on the introduction of Community methods of sampling and analysis for the official control of feedingstuffs.

(a)

First Commission Directive 71/250/EEC of 15 June 1971 establishing Community methods of analysis for the official control of feedingstuffs (1);

| (b) | Second Commission Directive 71/393/EEC of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs (2); |
| --- | --- |

(b)

Second Commission Directive 71/393/EEC of 18 November 1971 establishing Community methods of analysis for the official control of feedingstuffs (2);

| (c) | Third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (3); |
| --- | --- |

(c)

Third Commission Directive 72/199/EEC of 27 April 1972 establishing Community methods of analysis for the official control of feedingstuffs (3);

| (d) | Fourth Commission Directive 73/46/EEC of 5 December 1972 establishing Community methods of analysis for the official control of feedingstuffs (4); |
| --- | --- |

(d)

Fourth Commission Directive 73/46/EEC of 5 December 1972 establishing Community methods of analysis for the official control of feedingstuffs (4);

| (e) | First Commission Directive 76/371/EEC of 1 March 1976 establishing Community methods of sampling for the official control of feedingstuffs (5); |
| --- | --- |

(e)

First Commission Directive 76/371/EEC of 1 March 1976 establishing Community methods of sampling for the official control of feedingstuffs (5);

| (f) | Seventh Commission Directive 76/372/EEC of 1 March 1976 establishing Community methods of analysis for the official control of feedingstuffs (6); |
| --- | --- |

(f)

Seventh Commission Directive 76/372/EEC of 1 March 1976 establishing Community methods of analysis for the official control of feedingstuffs (6);

| (g) | Eight Commission Directive 78/633/EEC of 15 June 1978 establishing Community methods of analysis for the official control of feedingstuffs (7); |
| --- | --- |

(g)

Eight Commission Directive 78/633/EEC of 15 June 1978 establishing Community methods of analysis for the official control of feedingstuffs (7);

| (h) | Ninth Commission Directive 81/715/EEC of 31 July 1981 establishing Community methods of analysis for the official control of feedingstuffs (8); |
| --- | --- |

(h)

Ninth Commission Directive 81/715/EEC of 31 July 1981 establishing Community methods of analysis for the official control of feedingstuffs (8);

| (i) | Tenth Commission Directive 84/425/EEC of 25 July 1984 establishing Community methods of analysis for the official control of feedingstuffs (9); |
| --- | --- |

(i)

Tenth Commission Directive 84/425/EEC of 25 July 1984 establishing Community methods of analysis for the official control of feedingstuffs (9);

| (j) | Eleventh Commission Directive 93/70/EEC of 28 July 1993 establishing Community methods of analysis for the official control of feedingstuffs (10); |
| --- | --- |

(j)

Eleventh Commission Directive 93/70/EEC of 28 July 1993 establishing Community methods of analysis for the official control of feedingstuffs (10);

| (k) | Twelfth Commission Directive 93/117/EC of 17 December 1993 establishing Community methods of analysis for the official control of feedingstuffs (11); |
| --- | --- |

(k)

Twelfth Commission Directive 93/117/EC of 17 December 1993 establishing Community methods of analysis for the official control of feedingstuffs (11);

| (l) | Commission Directive 98/64/EC of 3 September 1998 establishing Community methods of analysis for the determination of amino-acids, crude oils and fats, and olaquindox in feedingstuffs (12); |
| --- | --- |

(l)

Commission Directive 98/64/EC of 3 September 1998 establishing Community methods of analysis for the determination of amino-acids, crude oils and fats, and olaquindox in feedingstuffs (12);

| (m) | Commission Directive 2003/126/EC of 23 December 2003 on the analytical method for the determination of constituents of animal origin for the official control of foodstuffs (13); |
| --- | --- |

(m)

Commission Directive 2003/126/EC of 23 December 2003 on the analytical method for the determination of constituents of animal origin for the official control of foodstuffs (13);

| (n) | Commission Directive 1999/27/EC of 20 April 1999 establishing Community methods of analysis for the determination of amprolium, diclazuril and carbadox in feedingstuffs (14); |
| --- | --- |

(n)

Commission Directive 1999/27/EC of 20 April 1999 establishing Community methods of analysis for the determination of amprolium, diclazuril and carbadox in feedingstuffs (14);

| (o) | Commission Directive 1999/76/EC of 23 July 1999 establishing a Community method of analysis for the determination of lasalocid sodium in feedingstuffs (15); |
| --- | --- |

(o)

Commission Directive 1999/76/EC of 23 July 1999 establishing a Community method of analysis for the determination of lasalocid sodium in feedingstuffs (15);

| (p) | Commission Directive 2000/45/EC of 6 July 2000 establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs (16); |
| --- | --- |

(p)

Commission Directive 2000/45/EC of 6 July 2000 establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs (16);

| (q) | Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (17). |
| --- | --- |

(q)

Directive 2002/70/EC of 26 July 2002 establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs (17).

| 2. | Implementing rules based on Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition
  Commission Directive 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries (18). |
| --- | --- |

2.

Implementing rules based on Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition

Commission Directive 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries (18).

---

(1)  OJ L 155, 12.7.1971, p. 13. Directive as last amended by Commission Directive 1999/27/EC (OJ L 118, 6.5.1999, p. 36).

(2)  OJ L 279, 20.12.1971, p. 7. Directive as last amended by Commission Directive 98/64/EC (OJ L 257, 19.9.1998, p. 14).

(3)  OJ L 123, 29.05.1972, p. 6. Directive as last amended by Commission Directive 1999/79/EC (OJ L 209, 7.8.1999, p. 23).

(4)  OJ L 83, 30.3.1973, p. 21. Directive as last amended by Commission Directive 1999/27/EC.

(5)  OJ L 102, 15.4.1976, p. 1.

(6)  OJ L 102, 15.4.1976, p. 8. Directive as last amended by Commission Directive 94/14/EC (OJ L 94, 13.4.1994, p. 30).

(7)  OJ L 206, 29.7.1978, p. 43. Directive as last amended by Commission Directive 84/4/EEC (OJ L 15, 18.1.1984, p. 28).

(8)  OJ L 257, 10.9.1981, p. 38.

(9)  OJ L 238, 6.9.1984, p. 34.

(10)  OJ L 234, 17.9.1993, p. 17.

(11)  OJ L 329, 30.12.1993, p. 54.

(12)  OJ L 257, 19.9.1998, p. 14.

(13)  OJ L 339, 24.12.2003, p. 78.

(14)  OJ L 118, 6.5.1999, p. 36.

(15)  OJ L 207, 6.8.1999, p. 13.

(16)  OJ L 174, 13.7.2000, p. 32.

(17)  OJ L 209, 6.8.2002, p. 15.

(18)  OJ L 261, 24.9.1998, p. 32.

P5_TA(2004)0147

Intellectual property ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights (COM(2003) 46 — C5-0055/2003 — 2003/0024(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 46) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 46) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0055/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0055/2003),

| — | 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 Industry, External Trade, Research and Energy (A5-0468/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0468/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0024

Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Directive
  2004/.../EC
  on the enforcement of intellectual property rights

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

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

Whereas:

| (1) | The achievement of the Internal Market entails eliminating restrictions on freedom of movement and distortions of competition, while creating an environment conducive to innovation and investment. In this context, the protection of intellectual property is an essential element for the success of the Internal Market. The protection of intellectual property is important not only for promoting innovation and creativity, but also for developing employment and improving competitiveness. |
| --- | --- |

(1)

The achievement of the Internal Market entails eliminating restrictions on freedom of movement and distortions of competition, while creating an environment conducive to innovation and investment. In this context, the protection of intellectual property is an essential element for the success of the Internal Market. The protection of intellectual property is important not only for promoting innovation and creativity, but also for developing employment and improving competitiveness.

| (2) | The protection of intellectual property should allow the inventor or creator to derive a legitimate profit from his invention or creation. It should also allow the widest possible dissemination of works, ideas and new know-how. At the same time, it should not hamper freedom of expression, the free movement of information, or the protection of personal data, including on the Internet. |
| --- | --- |

(2)

The protection of intellectual property should allow the inventor or creator to derive a legitimate profit from his invention or creation. It should also allow the widest possible dissemination of works, ideas and new know-how. At the same time, it should not hamper freedom of expression, the free movement of information, or the protection of personal data, including on the Internet.

| (3) | However, without effective means of enforcing intellectual property rights, innovation and creativity are discouraged and investment diminished. It is therefore necessary to ensure that the substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, is applied effectively in the Community. In this respect, the means of enforcing intellectual property rights are of paramount importance for the success of the Internal Market. |
| --- | --- |

(3)

However, without effective means of enforcing intellectual property rights, innovation and creativity are discouraged and investment diminished. It is therefore necessary to ensure that the substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, is applied effectively in the Community. In this respect, the means of enforcing intellectual property rights are of paramount importance for the success of the Internal Market.

| (4) | At international level, all Member States, as well as the Community itself as regards matters within its competence, are bound by the Agreement on Trade-Related Aspects of Intellectual Property (the ‘TRIPS Agreement‧), approved, as part of the multilateral negotiations of the Uruguay Round, by Council Decision 94/800/EC (3) and concluded in the framework of the World Trade Organisation. |
| --- | --- |

(4)

At international level, all Member States, as well as the Community itself as regards matters within its competence, are bound by the Agreement on Trade-Related Aspects of Intellectual Property (the ‘TRIPS Agreement‧), approved, as part of the multilateral negotiations of the Uruguay Round, by Council Decision 94/800/EC (3) and concluded in the framework of the World Trade Organisation.

| (5) | The TRIPS Agreement contains, in particular, provisions on the means of enforcing intellectual property rights, which are common standards applicable at international level and implemented in all Member States. This Directive should not affect Member States' international obligations, including those under the TRIPS Agreement. |
| --- | --- |

(5)

The TRIPS Agreement contains, in particular, provisions on the means of enforcing intellectual property rights, which are common standards applicable at international level and implemented in all Member States. This Directive should not affect Member States' international obligations, including those under the TRIPS Agreement.

| (6) | There are also international conventions to which all Member States are parties and which also contain provisions on the means of enforcing intellectual property rights. These include, in particular, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations. |
| --- | --- |

(6)

There are also international conventions to which all Member States are parties and which also contain provisions on the means of enforcing intellectual property rights. These include, in particular, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.

| (7) | It emerges from the consultations held by the Commission on this question that, in the Member States, and despite the TRIPS Agreement, there are still major disparities as regards the means of enforcing intellectual property rights. For instance, the arrangements for applying provisional measures, which are used in particular to preserve evidence, the calculation of damages, or the arrangements for applying injunctions, vary widely from one Member State to another. In some Member States, there are no measures, procedures and remedies such as the right of information and the recall, at the infringer's expense, of the infringing goods placed on the market. |
| --- | --- |

(7)

It emerges from the consultations held by the Commission on this question that, in the Member States, and despite the TRIPS Agreement, there are still major disparities as regards the means of enforcing intellectual property rights. For instance, the arrangements for applying provisional measures, which are used in particular to preserve evidence, the calculation of damages, or the arrangements for applying injunctions, vary widely from one Member State to another. In some Member States, there are no measures, procedures and remedies such as the right of information and the recall, at the infringer's expense, of the infringing goods placed on the market.

| (8) | The disparities between the systems of the Member States as regards the means of enforcing intellectual property rights are prejudicial to the proper functioning of the Internal Market and make it impossible to ensure that intellectual property rights enjoy an equivalent level of protection throughout the Community. This situation does not promote free movement within the Internal Market or create an environment conducive to healthy competition. |
| --- | --- |

(8)

The disparities between the systems of the Member States as regards the means of enforcing intellectual property rights are prejudicial to the proper functioning of the Internal Market and make it impossible to ensure that intellectual property rights enjoy an equivalent level of protection throughout the Community. This situation does not promote free movement within the Internal Market or create an environment conducive to healthy competition.

| (9) | The current disparities also lead to a weakening of the substantive law on intellectual property and to a fragmentation of the Internal Market in this field. This causes a loss of confidence in the Internal Market in business circles, with a consequent reduction in investment in innovation and creation. Infringements of intellectual property rights appear to be increasingly linked to organised crime. Increasing use of the Internet enables pirated products to be distributed instantly around the globe. Effective enforcement of the substantive law on intellectual property should be ensured by specific action at Community level. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite for the proper functioning of the Internal Market. |
| --- | --- |

(9)

The current disparities also lead to a weakening of the substantive law on intellectual property and to a fragmentation of the Internal Market in this field. This causes a loss of confidence in the Internal Market in business circles, with a consequent reduction in investment in innovation and creation. Infringements of intellectual property rights appear to be increasingly linked to organised crime. Increasing use of the Internet enables pirated products to be distributed instantly around the globe. Effective enforcement of the substantive law on intellectual property should be ensured by specific action at Community level. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite for the proper functioning of the Internal Market.

| (10) | The objective of this Directive is to approximate legislative systems so as to ensure a high, equivalent and homogeneous level of protection in the Internal Market. |
| --- | --- |

(10)

The objective of this Directive is to approximate legislative systems so as to ensure a high, equivalent and homogeneous level of protection in the Internal Market.

| (11) | This Directive does not aim to establish harmonised rules for judicial cooperation, jurisdiction, the recognition and enforcement of decisions in civil and commercial matters, or deal with applicable law. There are Community instruments which govern such matters in general terms and are, in principle, equally applicable to intellectual property. |
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(11)

This Directive does not aim to establish harmonised rules for judicial cooperation, jurisdiction, the recognition and enforcement of decisions in civil and commercial matters, or deal with applicable law. There are Community instruments which govern such matters in general terms and are, in principle, equally applicable to intellectual property.

| (12) | This Directive should not affect the application of the rules of competition, and in particular Articles 81 and 82 of the Treaty. The measures provided for in this Directive should not be used to restrict unduly competition in a manner contrary to the Treaty. |
| --- | --- |

(12)

This Directive should not affect the application of the rules of competition, and in particular Articles 81 and 82 of the Treaty. The measures provided for in this Directive should not be used to restrict unduly competition in a manner contrary to the Treaty.

| (13) | It is necessary to define the scope of this Directive as widely as possible in order to encompass all the intellectual property rights covered by Community provisions in this field and/or by the national law of the Member State concerned. Nevertheless, that requirement does not affect the possibility, on the part of those Member States which so wish, to extend, for internal purposes, the provisions of this Directive to include acts involving unfair competition, including parasitic copies, or similar activities. |
| --- | --- |

(13)

It is necessary to define the scope of this Directive as widely as possible in order to encompass all the intellectual property rights covered by Community provisions in this field and/or by the national law of the Member State concerned. Nevertheless, that requirement does not affect the possibility, on the part of those Member States which so wish, to extend, for internal purposes, the provisions of this Directive to include acts involving unfair competition, including parasitic copies, or similar activities.

| (14) | The measures provided for in Articles 6(2), 8(1) and 9(2) need to be applied only in respect of acts carried out on a commercial scale. This is without prejudice to the possibility for Member States to apply those measures also in respect of other acts. Acts carried out on a commercial scale are those carried out for direct or indirect economic or commercial advantage; this would normally exclude acts carried out by end-consumers acting in good faith. |
| --- | --- |

(14)

The measures provided for in Articles 6(2), 8(1) and 9(2) need to be applied only in respect of acts carried out on a commercial scale. This is without prejudice to the possibility for Member States to apply those measures also in respect of other acts. Acts carried out on a commercial scale are those carried out for direct or indirect economic or commercial advantage; this would normally exclude acts carried out by end-consumers acting in good faith.

| (15) | This Directive should not affect substantive law on intellectual property, Directive 95/46/EC of 24 October 1995 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (5) and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (6). |
| --- | --- |

(15)

This Directive should not affect substantive law on intellectual property, Directive 95/46/EC of 24 October 1995 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4), Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (5) and Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (6).

| (16) | The provisions of this Directive should be without prejudice to the particular provisions for the enforcement of rights and on exceptions in the domain of copyright and related rights set out in Community instruments and notably those found in Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (7) or in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (8). |
| --- | --- |

(16)

The provisions of this Directive should be without prejudice to the particular provisions for the enforcement of rights and on exceptions in the domain of copyright and related rights set out in Community instruments and notably those found in Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (7) or in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (8).

| (17) | The measures, procedures and remedies provided for in this Directive should be determined in each case in such a manner as to take due account of the specific characteristics of that case, including the specific features of each intellectual property right and, where appropriate, the intentional or unintentional character of the infringement. |
| --- | --- |

(17)

The measures, procedures and remedies provided for in this Directive should be determined in each case in such a manner as to take due account of the specific characteristics of that case, including the specific features of each intellectual property right and, where appropriate, the intentional or unintentional character of the infringement.

| (18) | The persons entitled to request application of those measures, procedures and remedies should be not only the rightholders but also persons who have a direct interest and legal standing in so far as permitted by and in accordance with the applicable law, which may include professional organisations in charge of the management of those rights or for the defence of the collective and individual interests for which they are responsible. |
| --- | --- |

(18)

The persons entitled to request application of those measures, procedures and remedies should be not only the rightholders but also persons who have a direct interest and legal standing in so far as permitted by and in accordance with the applicable law, which may include professional organisations in charge of the management of those rights or for the defence of the collective and individual interests for which they are responsible.

| (19) | Since copyright exists from the creation of a work and does not require formal registration, it is appropriate to adopt the rule laid down in Article 15 of the Berne Convention, which establishes the presumption whereby the author of a literary or artistic work is regarded as such if his name appears on the work. A similar presumption should be applied to the owners of related rights since it is often the holder of a related right, such as a phonogram producer, who will seek to defend rights and engage in fighting acts of piracy. |
| --- | --- |

(19)

Since copyright exists from the creation of a work and does not require formal registration, it is appropriate to adopt the rule laid down in Article 15 of the Berne Convention, which establishes the presumption whereby the author of a literary or artistic work is regarded as such if his name appears on the work. A similar presumption should be applied to the owners of related rights since it is often the holder of a related right, such as a phonogram producer, who will seek to defend rights and engage in fighting acts of piracy.

| (20) | Given that evidence is an element of paramount importance for establishing the infringement of intellectual property rights, it is appropriate to ensure that effective means of presenting, obtaining and preserving evidence are available. The procedures should have regard to the rights of the defence and provide the necessary guarantees, including the protection of confidential information. For infringements committed on a commercial scale it is also important that the courts may order access, where appropriate, to banking, financial or commercial documents under the control of the alleged infringer. |
| --- | --- |

(20)

Given that evidence is an element of paramount importance for establishing the infringement of intellectual property rights, it is appropriate to ensure that effective means of presenting, obtaining and preserving evidence are available. The procedures should have regard to the rights of the defence and provide the necessary guarantees, including the protection of confidential information. For infringements committed on a commercial scale it is also important that the courts may order access, where appropriate, to banking, financial or commercial documents under the control of the alleged infringer.

| (21) | Other measures designed to ensure a high level of protection exist in certain Member States and should be made available in all the Member States. This is the case with the right of information, which allows precise information to be obtained on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement. |
| --- | --- |

(21)

Other measures designed to ensure a high level of protection exist in certain Member States and should be made available in all the Member States. This is the case with the right of information, which allows precise information to be obtained on the origin of the infringing goods or services, the distribution channels and the identity of any third parties involved in the infringement.

| (22) | It is also essential to provide for provisional measures for the immediate termination of infringements, without awaiting a decision on the substance of the case, while observing the rights of the defence, ensuring the proportionality of the provisional measures as appropriate to the characteristics of the case in question and providing the guarantees needed to cover the costs and the injury caused to the defendant by an unjustified request. Such measures are particularly justified where any delay would cause irreparable harm to the holder of an intellectual property right. |
| --- | --- |

(22)

It is also essential to provide for provisional measures for the immediate termination of infringements, without awaiting a decision on the substance of the case, while observing the rights of the defence, ensuring the proportionality of the provisional measures as appropriate to the characteristics of the case in question and providing the guarantees needed to cover the costs and the injury caused to the defendant by an unjustified request. Such measures are particularly justified where any delay would cause irreparable harm to the holder of an intellectual property right.

| (23) | Without prejudice to any other measures, procedures and remedies available, rightholders should have the possibility of applying for an injunction against an intermediary whose services are being used by a third party to infringe the rightholder's industrial property right. The conditions and procedures relating to such injunctions should be left to the national law of the Member States. As far as infringements of copyright and related rights are concerned, a comprehensive level of harmonisation is already provided for in Directive 2001/29/EC. Article 8(3) of Directive 2001/29/EC should therefore not be affected by this Directive. |
| --- | --- |

(23)

Without prejudice to any other measures, procedures and remedies available, rightholders should have the possibility of applying for an injunction against an intermediary whose services are being used by a third party to infringe the rightholder's industrial property right. The conditions and procedures relating to such injunctions should be left to the national law of the Member States. As far as infringements of copyright and related rights are concerned, a comprehensive level of harmonisation is already provided for in Directive 2001/29/EC. Article 8(3) of Directive 2001/29/EC should therefore not be affected by this Directive.

| (24) | Depending on the particular case, and if justified by the circumstances, the measures, procedures and remedies to be provided for should include prohibitory measures aimed at preventing further infringements of intellectual property rights. Moreover there should be corrective measures, where appropriate at the expense of the infringer, such as the recall and definitive removal from the channels of commerce, or destruction, of the infringing goods and, in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods. These corrective measures should take account of the interests of third parties including, in particular, consumers and private parties acting in good faith. |
| --- | --- |

(24)

Depending on the particular case, and if justified by the circumstances, the measures, procedures and remedies to be provided for should include prohibitory measures aimed at preventing further infringements of intellectual property rights. Moreover there should be corrective measures, where appropriate at the expense of the infringer, such as the recall and definitive removal from the channels of commerce, or destruction, of the infringing goods and, in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods. These corrective measures should take account of the interests of third parties including, in particular, consumers and private parties acting in good faith.

| (25) | Where an infringement is committed unintentionally and without negligence and where the corrective measures or injunctions provided for by this Directive would be disproportionate, Member States should have the option of providing for the possibility, in appropriate cases, of pecuniary compensation being awarded to the injured party as an alternative measure. However, where the commercial use of counterfeit goods or the supply of services would constitute an infringement of law other than intellectual property law or would be likely to harm consumers, such use or supply should remain prohibited. |
| --- | --- |

(25)

Where an infringement is committed unintentionally and without negligence and where the corrective measures or injunctions provided for by this Directive would be disproportionate, Member States should have the option of providing for the possibility, in appropriate cases, of pecuniary compensation being awarded to the injured party as an alternative measure. However, where the commercial use of counterfeit goods or the supply of services would constitute an infringement of law other than intellectual property law or would be likely to harm consumers, such use or supply should remain prohibited.

| (26) | With a view to compensating for the prejudice suffered as a result of an infringement committed by an infringer who engaged in an activity in the knowledge, or with reasonable grounds for knowing, that it would give rise to such an infringement, the amount of damages awarded to the rightholder should take account of all appropriate aspects, such as loss of earnings incurred by the rightholder, or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the rightholder. As an alternative, for example where it would be difficult to determine the amount of the actual prejudice suffered, the amount of the damages might be derived from elements such as the royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question. The aim is not to introduce an obligation to provide for punitive damages but to allow for compensation based on an objective criterion while taking account of the expenses incurred by the rightholder, such as the costs of identification and research. |
| --- | --- |

(26)

With a view to compensating for the prejudice suffered as a result of an infringement committed by an infringer who engaged in an activity in the knowledge, or with reasonable grounds for knowing, that it would give rise to such an infringement, the amount of damages awarded to the rightholder should take account of all appropriate aspects, such as loss of earnings incurred by the rightholder, or unfair profits made by the infringer and, where appropriate, any moral prejudice caused to the rightholder. As an alternative, for example where it would be difficult to determine the amount of the actual prejudice suffered, the amount of the damages might be derived from elements such as the royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question. The aim is not to introduce an obligation to provide for punitive damages but to allow for compensation based on an objective criterion while taking account of the expenses incurred by the rightholder, such as the costs of identification and research.

| (27) | To act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions in intellectual property infringement cases. |
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(27)

To act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large, it is useful to publicise decisions in intellectual property infringement cases.

| (28) | In addition to the civil and administrative measures, procedures and remedies provided for under this Directive, criminal sanctions also constitute, in appropriate cases, a means of ensuring the enforcement of intellectual property rights. |
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(28)

In addition to the civil and administrative measures, procedures and remedies provided for under this Directive, criminal sanctions also constitute, in appropriate cases, a means of ensuring the enforcement of intellectual property rights.

| (29) | Industry should take an active part in the fight against piracy and counterfeiting. The development of codes of conduct in the circles directly affected is a supplementary means of bolstering the regulatory framework. The Member States, in collaboration with the Commission, should encourage the development of codes of conduct in general. Monitoring of the manufacture of optical discs, particularly by means of an identification code embedded in discs produced in the Community, helps to limit infringements of intellectual property rights in this sector, which suffers from piracy on a large scale. However, these technical protection measures should not be misused to protect markets and prevent parallel imports. |
| --- | --- |

(29)

Industry should take an active part in the fight against piracy and counterfeiting. The development of codes of conduct in the circles directly affected is a supplementary means of bolstering the regulatory framework. The Member States, in collaboration with the Commission, should encourage the development of codes of conduct in general. Monitoring of the manufacture of optical discs, particularly by means of an identification code embedded in discs produced in the Community, helps to limit infringements of intellectual property rights in this sector, which suffers from piracy on a large scale. However, these technical protection measures should not be misused to protect markets and prevent parallel imports.

| (30) | In order to facilitate the uniform application of this Directive, it is appropriate to provide for systems of cooperation and the exchange of information between Member States, on the one hand, and between the Member States and the Commission on the other, in particular by creating a network of correspondents designated by the Member States and by providing regular reports assessing the application of this Directive and the effectiveness of the measures taken by the various national bodies. |
| --- | --- |

(30)

In order to facilitate the uniform application of this Directive, it is appropriate to provide for systems of cooperation and the exchange of information between Member States, on the one hand, and between the Member States and the Commission on the other, in particular by creating a network of correspondents designated by the Member States and by providing regular reports assessing the application of this Directive and the effectiveness of the measures taken by the various national bodies.

| (31) | Since, for the reasons already described, the objective of this Directive can best be 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. |
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(31)

Since, for the reasons already described, the objective of this Directive can best be 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.

| (32) | This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for intellectual property, in accordance with Article 17(2) of that Charter, |
| --- | --- |

(32)

This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for intellectual property, in accordance with Article 17(2) of that Charter,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Objective and scope

Article 1

Subject-matter

This Directive concerns the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights. For the purposes of this Directive, the term ‘intellectual property rights‧ includes industrial property rights.

Article 2

Scope

1.   Without prejudice to the means which are or may be provided for in Community or national legislation, in so far as those means may be more favourable for rightholders, the measures, procedures and remedies provided for by this Directive shall apply, in accordance with Article 3, to any infringement of intellectual property rights as provided for by Community law and/or by the national law of the Member State concerned.

2.   This Directive shall be without prejudice to the specific provisions on the enforcement of rights and on exceptions contained in Community legislation concerning copyright and rights related to copyright, notably those found in Directive 91/250/EEC and, in particular, Article 7 thereof or in Directive 2001/29/EC and, in particular, Articles 2 to 6 and Article 8 thereof.

3.   This Directive shall not affect:

| (a) | the Community provisions governing the substantive law on intellectual property, Directive 95/46/EC, Directive 1999/93/EC or Directive 2000/31/EC, in general, and Articles 12 to 15 of Directive 2000/31/EC in particular; |
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(a)

the Community provisions governing the substantive law on intellectual property, Directive 95/46/EC, Directive 1999/93/EC or Directive 2000/31/EC, in general, and Articles 12 to 15 of Directive 2000/31/EC in particular;

| (b) | Member States' international obligations and notably the TRIPS Agreement, including those relating to criminal procedures and penalties; |
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(b)

Member States' international obligations and notably the TRIPS Agreement, including those relating to criminal procedures and penalties;

| (c) | any national provisions in Member States relating to criminal procedures or penalties in respect of infringement of intellectual property rights. |
| --- | --- |

(c)

any national provisions in Member States relating to criminal procedures or penalties in respect of infringement of intellectual property rights.

CHAPTER II

Measures, procedures and remedies

Section 1

General provisions

Article 3

General obligation

1.   Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays.

2.   Those measures, procedures and remedies shall also be effective, proportionate and dissuasive and shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.

Article 4

Persons entitled to apply for the application of the measures, procedures and remedies

Member States shall recognise as persons entitled to seek application of the measures, procedures and remedies referred to in this Chapter:

| (a) | the holders of intellectual property rights, in accordance with the provisions of the applicable law, |
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(a)

the holders of intellectual property rights, in accordance with the provisions of the applicable law,

| (b) | all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law, |
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(b)

all other persons authorised to use those rights, in particular licensees, in so far as permitted by and in accordance with the provisions of the applicable law,

| (c) | intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law, |
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(c)

intellectual property collective rights management bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law,

| (d) | professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law. |
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(d)

professional defence bodies which are regularly recognised as having a right to represent holders of intellectual property rights, in so far as permitted by and in accordance with the provisions of the applicable law.

Article 5

Presumption of authorship or ownership

For the purposes of applying the measures, procedures and remedies provided for in this Directive,

| (a) | for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his name to appear on the work in the usual manner; |
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(a)

for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his name to appear on the work in the usual manner;

| (b) | the provision under (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter. |
| --- | --- |

(b)

the provision under (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.

Section 2

Evidence

Article 6

Evidence

1.   Member States shall ensure that, on application by a party which has presented reasonably available evidence sufficient to support its claims, and has, in substantiating those claims, specified evidence which lies in the control of the opposing party, the competent judicial authorities may order that such evidence be presented by the opposing party, subject to the protection of confidential information. For the purposes of this paragraph, Member States may provide that a reasonable sample of a substantial number of copies of a work or any other protected object be considered by the competent judicial authorities to constitute reasonable evidence.

2.   Under the same conditions, in the case of an infringement committed on a commercial scale Member States shall take such measures as are necessary to enable the competent judicial authorities to order, where appropriate, on application by a party, the communication of banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.

Article 7

Measures for preserving evidence

1.   Member States shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by a party who has presented reasonably available evidence to support his claims that his intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information. Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto. Those measures shall be taken, if necessary without the other party having been heard, in particular where any delay is likely to cause irreparable harm to the rightholder or where there is a demonstrable risk of evidence being destroyed.

Where measures to preserve evidence are adopted without the other party having been heard, the parties affected shall be given notice, without delay after the execution of the measures at the latest. A review, including a right to be heard, shall take place upon request of the parties affected with a view to deciding, within a reasonable period after the notification of the measures, whether the measures shall be modified, revoked or confirmed.

2.   Member States shall ensure that the measures to preserve evidence may be subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant as provided for in paragraph 4.

3.   Member States shall ensure that the measures to preserve evidence are revoked or otherwise cease to have effect, upon request of the defendant, without prejudice to the damages which may be claimed, if the applicant does not institute, within a reasonable period, proceedings leading to a decision on the merits of the case before the competent judicial authority, the period to be determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer.

4.   Where the measures to preserve evidence are revoked, or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.

5.   Member States may take measures to protect witnesses' identity.

Section 3

Right of information

Article 8

Right of information

1.   Member States shall ensure that, in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order that information on the origin and distribution networks of the goods or services which infringe an intellectual property right be provided by the infringer and/or any other person who:

| (a) | was found in possession of the infringing goods on a commercial scale; |
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(a)

was found in possession of the infringing goods on a commercial scale;

| (b) | was found to be using the infringing services on a commercial scale; |
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(b)

was found to be using the infringing services on a commercial scale;

| (c) | was found to be providing on a commercial scale services used in infringing activities; or |
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(c)

was found to be providing on a commercial scale services used in infringing activities; or

| (d) | was indicated by the person referred to in point (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services. |
| --- | --- |

(d)

was indicated by the person referred to in point (a), (b) or (c) as being involved in the production, manufacture or distribution of the goods or the provision of the services.

2.   The information referred to in paragraph 1 shall, as appropriate, comprise:

| (a) | the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers; |
| --- | --- |

(a)

the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers;

| (b) | information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question. |
| --- | --- |

(b)

information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.

3.   Paragraphs 1 and 2 shall apply without prejudice to other statutory provisions which:

| (a) | grant the rightholder rights to receive fuller information; |
| --- | --- |

(a)

grant the rightholder rights to receive fuller information;

| (b) | govern the use in civil or criminal proceedings of the information communicated pursuant to this Article; |
| --- | --- |

(b)

govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;

| (c) | govern responsibility for misuse of the right of information; or |
| --- | --- |

(c)

govern responsibility for misuse of the right of information; or

| (d) | afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit to his own participation or that of his close relatives in an infringement of an intellectual property right; or |
| --- | --- |

(d)

afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit to his own participation or that of his close relatives in an infringement of an intellectual property right; or

| (e) | govern the protection of confidentiality of information sources or the processing of personal data. |
| --- | --- |

(e)

govern the protection of confidentiality of information sources or the processing of personal data.

Section 4

Provisional and precautionary measures

Article 9

Provisional and precautionary measures

1.   Member States shall ensure that the judicial authorities may, at the request of the applicant:

| (a) | issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by national law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the rightholder; an interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right; injunctions against intermediaries whose services are used by a third party to infringe a copyright or a related right are covered by Directive 2001/29/EC; |
| --- | --- |

(a)

issue against the alleged infringer an interlocutory injunction intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by national law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the rightholder; an interlocutory injunction may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right; injunctions against intermediaries whose services are used by a third party to infringe a copyright or a related right are covered by Directive 2001/29/EC;

| (b) | order the seizure or delivery up of the goods suspected of infringing an intellectual property right so as to prevent their entry into or movement within the channels of commerce. |
| --- | --- |

(b)

order the seizure or delivery up of the goods suspected of infringing an intellectual property right so as to prevent their entry into or movement within the channels of commerce.

2.   In the case of an infringement committed on a commercial scale, the Member States shall ensure that, if the injured party demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer, including the blocking of his bank accounts and other assets. To that end, the competent authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.

3.   The judicial authorities shall, in respect of the measures referred to in paragraphs 1 and 2, have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the rightholder and that the applicant's right is being infringed, or that such infringement is imminent.

4.   Member States shall ensure that the provisional measures referred to in paragraphs 1 and 2 may, in appropriate cases, be taken without the defendant having been heard, in particular where any delay would cause irreparable harm to the rightholder. In that event, the parties shall be so informed without delay after the execution of the measures at the latest.

A review, including a right to be heard, shall take place upon request of the defendant with a view to deciding, within a reasonable time after notification of the measures, whether those measures shall be modified, revoked or confirmed.

5.   Member States shall ensure that the provisional measures referred to in paragraphs 1 and 2 are revoked or otherwise cease to have effect, upon request of the defendant, if the applicant does not institute, within a reasonable period, proceedings leading to a decision on the merits of the case before the competent judicial authority, the period to be determined by the judicial authority ordering the measures where the law of a Member State so permits or, in the absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer.

6.   The competent judicial authorities may make the provisional measures referred to in paragraphs 1 and 2 subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant as provided for in paragraph 7.

7.   Where the provisional measures are revoked or where they lapse due to any act or omission by the applicant, or where it is subsequently found that there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the applicant, upon request of the defendant, to provide the defendant appropriate compensation for any injury caused by those measures.

Section 5

Measures resulting from a decision on the merits of the case

Article 10

Corrective measures

1.   Without prejudice to any damages due to the rightholder by reason of the infringement, and without compensation of any sort, Member States shall ensure that the competent judicial authorities may order, at the request of the applicant, that appropriate measures be taken with regard to goods that they have found to be infringing an intellectual property right and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods. Such measures shall include:

| (a) | recall from the channels of commerce, |
| --- | --- |

(a)

recall from the channels of commerce,

| (b) | definitive removal from the channels of commerce, or |
| --- | --- |

(b)

definitive removal from the channels of commerce, or

| (c) | destruction. |
| --- | --- |

(c)

destruction.

2.   The judicial authorities shall order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.

3.   In considering a request for corrective measures, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.

Article 11

Injunctions

Member States shall ensure that, where a judicial decision is taken finding an infringement of an intellectual property right, the judicial authorities may issue against the infringer an injunction aimed at prohibiting the continuation of the infringement. Where provided for by national law, non-compliance with an injunction shall, where appropriate, be subject to a recurring penalty payment, with a view to ensuring compliance. Member States shall also ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual property right, without prejudice to Article 8(3) of Directive 2001/29/EC.

Article 12

Alternative measures

Member States may provide that, in appropriate cases and at the request of the person liable to be subject to the measures provided for in this Section, the competent judicial authorities may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in this Section if that person acted unintentionally and without negligence, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.

Section 6

Damages and legal costs

Article 13

Damages

1.   Member States shall ensure that the competent judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the rightholder damages appropriate to the actual prejudice suffered by him as a result of the infringement.

When the judicial authorities set the damages:

| (a) | they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the rightholder by the infringement; |
| --- | --- |

(a)

they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the rightholder by the infringement;

or

| (b) | as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question. |
| --- | --- |

(b)

as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.

2.   Where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity, Member States may lay down that the judicial authorities may order the recovery of profits or the payment of damages, which may be pre-established.

Article 14

Legal costs

Member States shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity does not allow this.

Section 7

Publicity measures

Article 15

Publication of judicial decisions

Member States shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part. Member States may provide for other additional publicity measures which are appropriate to the particular circumstances, including prominent advertising.

CHAPTER III

Sanctions by Member States

Article 16

Sanctions by Member States

Without prejudice to the civil and administrative measures, procedures and remedies laid down by this Directive, Member States may apply other appropriate sanctions in cases where intellectual property rights have been infringed.

CHAPTER IV

Codes of conduct and administrative cooperation

Article 17

Codes of conduct

Member States shall encourage:

| (a) | the development by trade or professional associations or organisations of codes of conduct at Community level aimed at contributing towards the enforcement of the intellectual property rights, particularly by recommending the use on optical discs of a code enabling the identification of the origin of their manufacture; |
| --- | --- |

(a)

the development by trade or professional associations or organisations of codes of conduct at Community level aimed at contributing towards the enforcement of the intellectual property rights, particularly by recommending the use on optical discs of a code enabling the identification of the origin of their manufacture;

| (b) | the submission to the Commission of draft codes of conduct at national and Community level and of any evaluations of the application of these codes of conduct. |
| --- | --- |

(b)

the submission to the Commission of draft codes of conduct at national and Community level and of any evaluations of the application of these codes of conduct.

Article 18

Assessment

1.   Three years after the date laid down in Article 20(1), each Member State shall submit to the Commission a report on the implementation of this Directive.

On the basis of those reports, the Commission shall draw up a report on the application of this Directive, including an assessment of the effectiveness of the measures taken, as well as an evaluation of its impact on innovation and the development of the information society. That report shall then be transmitted to the European Parliament, the Council and the European Economic and Social Committee. It shall be accompanied, if necessary and in the light of developments in the Community legal order, by proposals for amendments to this Directive.

2.   Member States shall provide the Commission with all the aid and assistance it may need when drawing up the report referred to in the second subparagraph of paragraph 1.

Article 19

Exchange of information and correspondents

For the purpose of promoting cooperation, including the exchange of information, among Member States and between Member States and the Commission, each Member State shall designate one or more national correspondents for any question relating to the implementation of the measures provided for by this Directive. It shall communicate the details of the national correspondent(s) to the other Member States and to the Commission.

CHAPTER V

Final provisions

Article 20

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (9). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.

Article 21

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 22

Addressees

This Directive is addressed to the Member States.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 32, 5.2.2004, p. 15.

1

(2)  Position of the European Parliament of 9 March 2004.

2

(3)  OJ L 336, 23.12.1994, p. 1.

3

(4)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

4

(5)  OJ L 13, 19.1.2000, p. 12.

5

(6)  OJ L 178, 17.7.2000, p. 1.

6

(7)  OJ L 122, 17.5.1991, p. 42. Directive as amended by Directive 93/98/EEC (OJ L 290, 24.11.1993, p. 9).

7

(8)  OJ L 167, 22.6.2001, p. 10.

8

(9)  Twenty-four months after the date of adoption of this Directive.

9

P5_TA(2004)0148

Electromagnetic compatibility ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the approximation of the laws of the Member States relating to electromagnetic compatibility (COM(2002) 759 — C5-0634/2002 — 2002/0306(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 759) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 759) (1),

| — | having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0634/2002), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0634/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0113/2004), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0113/2004),

| 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 OJ.

P5_TC1-COD(2002)0306

Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/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 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 referred to in Article 251 of the Treaty (3),

Whereas:

| (1) | Council Directive 89/336/EEC of 3 May 1989 on the approximation of laws of the Member States relating to electromagnetic compatibility (4) has been the subject of a review under the initiative known as Simpler Legislation for the Internal Market (SLIM). Both the SLIM process and a subsequent in-depth consultation have revealed the need to complete, reinforce and clarify the framework established by Directive 89/336/EEC. |
| --- | --- |

(1)

Council Directive 89/336/EEC of 3 May 1989 on the approximation of laws of the Member States relating to electromagnetic compatibility (4) has been the subject of a review under the initiative known as Simpler Legislation for the Internal Market (SLIM). Both the SLIM process and a subsequent in-depth consultation have revealed the need to complete, reinforce and clarify the framework established by Directive 89/336/EEC.

| (2) | Member States are responsible for ensuring that radio-communications,
  including radio broadcast reception and the amateur radio service operating in accordance with International Telecommunication Union radio regulations,
  electrical supply and telecommunications networks, as well as equipment connected thereto, are protected against electromagnetic disturbance. |
| --- | --- |

(2)

Member States are responsible for ensuring that radio-communications,
  including radio broadcast reception and the amateur radio service operating in accordance with International Telecommunication Union radio regulations,
  electrical supply and telecommunications networks, as well as equipment connected thereto, are protected against electromagnetic disturbance.

| (3) | Provisions of national law ensuring protection against electromagnetic disturbance should be harmonised in order to guarantee the free movement of electrical and electronic apparatus without lowering justified levels of protection in the Member States. |
| --- | --- |

(3)

Provisions of national law ensuring protection against electromagnetic disturbance should be harmonised in order to guarantee the free movement of electrical and electronic apparatus without lowering justified levels of protection in the Member States.

| (4) | Protection against electromagnetic disturbance requires obligations to be imposed on the various economic operators. Those obligations should be applied in a fair and effective way in order to achieve such protection. |
| --- | --- |

(4)

Protection against electromagnetic disturbance requires obligations to be imposed on the various economic operators. Those obligations should be applied in a fair and effective way in order to achieve such protection.

| (5) | The electromagnetic compatibility of equipment should be regulated with a view to ensuring the functioning of the internal market, that is to say, of an area without internal frontiers in which the free movement of goods, persons, services and capital is assured. |
| --- | --- |

(5)

The electromagnetic compatibility of equipment should be regulated with a view to ensuring the functioning of the internal market, that is to say, of an area without internal frontiers in which the free movement of goods, persons, services and capital is assured.

| (6) | The equipment covered by this Directive should include both apparatus and fixed installations. However, separate provision should be made for each. This is so because, whereas apparatus as such is subject to free movement inside the Community, fixed installations on the other hand are installed for permanent use at a predefined location, as assemblies of various types of apparatus and where appropriate other devices. The composition and function of such installations correspond in most cases to the particular needs of their operators. |
| --- | --- |

(6)

The equipment covered by this Directive should include both apparatus and fixed installations. However, separate provision should be made for each. This is so because, whereas apparatus as such is subject to free movement inside the Community, fixed installations on the other hand are installed for permanent use at a predefined location, as assemblies of various types of apparatus and where appropriate other devices. The composition and function of such installations correspond in most cases to the particular needs of their operators.

| (7) | Radio equipment and telecommunications terminal equipment should not be covered by this Directive since they are already regulated by Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (5). The electromagnetic compatibility requirements in both Directives achieve the same level of protection. |
| --- | --- |

(7)

Radio equipment and telecommunications terminal equipment should not be covered by this Directive since they are already regulated by Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (5). The electromagnetic compatibility requirements in both Directives achieve the same level of protection.

| (8) | Aircraft or equipment intended to be fitted into aircraft should not be covered by this Directive, since they are already subject to special Community or international rules governing electromagnetic compatibility. |
| --- | --- |

(8)

Aircraft or equipment intended to be fitted into aircraft should not be covered by this Directive, since they are already subject to special Community or international rules governing electromagnetic compatibility.

| (9) | This Directive need not regulate equipment which is inherently benign in terms of electromagnetic compatibility. |
| --- | --- |

(9)

This Directive need not regulate equipment which is inherently benign in terms of electromagnetic compatibility.

| (10) | The safety of equipment should not be a matter covered by this Directive, since it is dealt with by separate Community or national legislation. |
| --- | --- |

(10)

The safety of equipment should not be a matter covered by this Directive, since it is dealt with by separate Community or national legislation.

| (11) | Where this Directive regulates apparatus, it should refer to finished apparatus commercially available for the first time on the Community market. Certain components or sub-assemblies should, under certain conditions, be considered to be apparatus if they are made available to the
  end-user
  . |
| --- | --- |

(11)

Where this Directive regulates apparatus, it should refer to finished apparatus commercially available for the first time on the Community market. Certain components or sub-assemblies should, under certain conditions, be considered to be apparatus if they are made available to the
  end-user
  .

| (12) | The principles on which this Directive is based are those set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (6). In accordance with that approach, the design and manufacture of equipment is subject to essential requirements in relation to electromagnetic compatibility. Those requirements are given technical expression by harmonised European standards, to be adopted by the various European standardisation bodies, CEN (European Committee for Standardisation), Cenelec (European Committee for Electro-technical Standardisation) and ETSI (European Telecommunications Standards Institute). CEN, Cenelec and ETSI are recognised as the competent institutions in the field of this Directive for the adoption of harmonised standards, which they draw up in accordance with the general guidelines for co-operation between themselves and the Commission, and with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (7). |
| --- | --- |

(12)

The principles on which this Directive is based are those set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (6). In accordance with that approach, the design and manufacture of equipment is subject to essential requirements in relation to electromagnetic compatibility. Those requirements are given technical expression by harmonised European standards, to be adopted by the various European standardisation bodies, CEN (European Committee for Standardisation), Cenelec (European Committee for Electro-technical Standardisation) and ETSI (European Telecommunications Standards Institute). CEN, Cenelec and ETSI are recognised as the competent institutions in the field of this Directive for the adoption of harmonised standards, which they draw up in accordance with the general guidelines for co-operation between themselves and the Commission, and with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (7).

| (13) | Harmonised standards reflect the generally acknowledged state of the art as regards electromagnetic compatibility matters in the European Union.
  It is
  thus
  in the interest of the functioning of the internal market to have standards for the electromagnetic compatibility of equipment 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 relevant essential requirements, although other means of demonstrating such conformity should be permitted.
  Compliance with a harmonised standard means conformity with its provisions and demonstration thereof by the methods the harmonised standard describes or refers to. |
| --- | --- |

(13)

Harmonised standards reflect the generally acknowledged state of the art as regards electromagnetic compatibility matters in the European Union.
  It is
  thus
  in the interest of the functioning of the internal market to have standards for the electromagnetic compatibility of equipment 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 relevant essential requirements, although other means of demonstrating such conformity should be permitted.
  Compliance with a harmonised standard means conformity with its provisions and demonstration thereof by the methods the harmonised standard describes or refers to.

| (14) | Manufacturers of equipment intended to be connected to networks should construct such equipment in a way that prevents networks from suffering unacceptable degradation of service when used under normal operating conditions. Network operators should construct their networks in such a way that manufacturers of equipment liable to be connected to networks do not suffer a disproportionate burden in order to prevent networks from suffering an unacceptable degradation of service. The European standardisation organisations should take due account of that objective (including the cumulative effects of the relevant types of electromagnetic phenomena) when developing harmonised standards. |
| --- | --- |

(14)

Manufacturers of equipment intended to be connected to networks should construct such equipment in a way that prevents networks from suffering unacceptable degradation of service when used under normal operating conditions. Network operators should construct their networks in such a way that manufacturers of equipment liable to be connected to networks do not suffer a disproportionate burden in order to prevent networks from suffering an unacceptable degradation of service. The European standardisation organisations should take due account of that objective (including the cumulative effects of the relevant types of electromagnetic phenomena) when developing harmonised standards.

| (15) | It should be possible to place apparatus on the market or put it into service only if the manufacturers concerned have established that such apparatus has been designed and manufactured in conformity with the requirements of this Directive. Apparatus placed on the market should bear the CE marking attesting to compliance with the Directive. Although conformity assessment should be the responsibility of the manufacturer, without any need to involve an independent conformity assessment body, manufacturers should be free to use the services of such a body. |
| --- | --- |

(15)

It should be possible to place apparatus on the market or put it into service only if the manufacturers concerned have established that such apparatus has been designed and manufactured in conformity with the requirements of this Directive. Apparatus placed on the market should bear the CE marking attesting to compliance with the Directive. Although conformity assessment should be the responsibility of the manufacturer, without any need to involve an independent conformity assessment body, manufacturers should be free to use the services of such a body.

| (16) | The conformity assessment obligation should require the manufacturer to perform an electromagnetic compatibility assessment of apparatus, based on relevant phenomena, in order to determine whether or not it meets the protection requirements under this Directive. |
| --- | --- |

(16)

The conformity assessment obligation should require the manufacturer to perform an electromagnetic compatibility assessment of apparatus, based on relevant phenomena, in order to determine whether or not it meets the protection requirements under this Directive.

| (17) | Where apparatus can take different configurations, the electromagnetic compatibility assessment should confirm that the apparatus meets the protection requirements in the configurations foreseeable by the manufacturer as representative of normal use in the intended applications; in such cases it should be sufficient to perform an assessment on the basis of the configuration most likely to cause maximum disturbance and the configuration most susceptible to disturbance. |
| --- | --- |

(17)

Where apparatus can take different configurations, the electromagnetic compatibility assessment should confirm that the apparatus meets the protection requirements in the configurations foreseeable by the manufacturer as representative of normal use in the intended applications; in such cases it should be sufficient to perform an assessment on the basis of the configuration most likely to cause maximum disturbance and the configuration most susceptible to disturbance.

| (18) | Fixed installations, including large machines and networks, may generate electromagnetic disturbance, or be affected by it. There may be an interface between fixed installations and apparatus, and the electromagnetic disturbances produced by fixed installations may affect apparatus, and vice versa. In terms of electromagnetic compatibility, it is irrelevant whether the electromagnetic disturbance is produced by apparatus or by a fixed installation. Accordingly, fixed installations and apparatus should be subject to a coherent and comprehensive regime of essential requirements. It should be possible to use harmonised standards for fixed installations in order to demonstrate conformity with the essential requirements covered by such standards. |
| --- | --- |

(18)

Fixed installations, including large machines and networks, may generate electromagnetic disturbance, or be affected by it. There may be an interface between fixed installations and apparatus, and the electromagnetic disturbances produced by fixed installations may affect apparatus, and vice versa. In terms of electromagnetic compatibility, it is irrelevant whether the electromagnetic disturbance is produced by apparatus or by a fixed installation. Accordingly, fixed installations and apparatus should be subject to a coherent and comprehensive regime of essential requirements. It should be possible to use harmonised standards for fixed installations in order to demonstrate conformity with the essential requirements covered by such standards.

| (19) | Due to their specific characteristics, fixed installations need not be subject to the affixation of the CE marking or to the declaration of conformity. |
| --- | --- |

(19)

Due to their specific characteristics, fixed installations need not be subject to the affixation of the CE marking or to the declaration of conformity.

| (20) | It is not pertinent to carry out the conformity assessment of apparatus placed on the market for incorporation into a given fixed installation, and otherwise not commercially available, in isolation from the fixed installation into which it is to be incorporated. Such apparatus should therefore be exempted from the conformity assessment procedures normally applicable to apparatus. However, such apparatus should not be permitted to compromise the conformity of the fixed installation into which it is incorporated.
  Should apparatus be incorporated into more than one identical fixed installation, identifying the electromagnetic compatibility characteristics of these installations should be sufficient to ensure exemption from the conformity assessment procedure. |
| --- | --- |

(20)

It is not pertinent to carry out the conformity assessment of apparatus placed on the market for incorporation into a given fixed installation, and otherwise not commercially available, in isolation from the fixed installation into which it is to be incorporated. Such apparatus should therefore be exempted from the conformity assessment procedures normally applicable to apparatus. However, such apparatus should not be permitted to compromise the conformity of the fixed installation into which it is incorporated.
  Should apparatus be incorporated into more than one identical fixed installation, identifying the electromagnetic compatibility characteristics of these installations should be sufficient to ensure exemption from the conformity assessment procedure.

| (21) | A transitional period is necessary in order to ensure that manufacturers and other concerned parties are able to adapt to the new regulatory regime. |
| --- | --- |

(21)

A transitional period is necessary in order to ensure that manufacturers and other concerned parties are able to adapt to the new regulatory regime.

| (22) | Directive 89/336/EEC should therefore be repealed. |
| --- | --- |

(22)

Directive 89/336/EEC should therefore be repealed.

| (23) | Since the objectives of the proposed action, to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility 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, |
| --- | --- |

(23)

Since the objectives of the proposed action, to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility 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,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   This Directive regulates the electromagnetic compatibility of equipment. It aims to ensure the functioning of the internal market by requiring equipment to comply with an adequate level of electromagnetic compatibility.
  This Directive applies to equipment as defined in Article 2.

2.   This Directive shall not apply to:

| (a) | equipment covered by Directive 1999/5/EC; |
| --- | --- |

(a)

equipment covered by Directive 1999/5/EC;

| (b) | aeronautical products, parts and appliances as referred to in Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (8)

  ; |
| --- | --- |

(b)

aeronautical products, parts and appliances as referred to in Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (8)

  ;

| (c) | radio equipment
  used
  by radio amateurs within the meaning defined in the Radio Regulations adopted in the framework of the Constitution and Convention of the International Telecommunication Union (9),
  unless the equipment is available commercially. Kits of components to be assembled by radio amateurs and
  commercial equipment modified by and for the use of radio amateurs
  are not regarded as commercially available equipment
  . |
| --- | --- |

(c)

radio equipment
  used
  by radio amateurs within the meaning defined in the Radio Regulations adopted in the framework of the Constitution and Convention of the International Telecommunication Union (9),
  unless the equipment is available commercially. Kits of components to be assembled by radio amateurs and
  commercial equipment modified by and for the use of radio amateurs
  are not regarded as commercially available equipment
  .

3.   This Directive shall not apply to equipment the inherent nature of whose physical characteristics is such that:

| (a) | it is incapable of generating
  or contributing to
  electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and |
| --- | --- |

(a)

it is incapable of generating
  or contributing to
  electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended; and

| (b) | it will operate without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use. |
| --- | --- |

(b)

it will operate without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use.

4.   
  Where, for the equipment referred to in paragraph 1, the requirements referred to in Annex I are wholly or partly
  laid down
  more specifically by other Community directives,
  this Directive
  shall not apply, or shall cease to apply, to that equipment in respect of such requirements from the date of implementation of those directives
  .

5.   This Directive shall not affect the application of Community or national legislation regulating the safety of equipment.

Article 2

Definitions

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

| (a) | ‘Equipment‧ means any apparatus or fixed installation; |
| --- | --- |

(a)

‘Equipment‧ means any apparatus or fixed installation;

| (b) | ‘Apparatus‧ means any finished appliance, or combination thereof made commercially available as a single functional unit, intended for the end user, and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance; |
| --- | --- |

(b)

‘Apparatus‧ means any finished appliance, or combination thereof made commercially available as a single functional unit, intended for the end user, and liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;

| (c) | ‘Fixed installation‧ means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a predefined location; |
| --- | --- |

(c)

‘Fixed installation‧ means a particular combination of several types of apparatus and, where applicable, other devices, which are assembled, installed and intended to be used permanently at a predefined location;

| (d) | ‘Electromagnetic compatibility‧ means the ability of equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment; |
| --- | --- |

(d)

‘Electromagnetic compatibility‧ means the ability of equipment to function satisfactorily in its electromagnetic environment without introducing intolerable electromagnetic disturbances to other equipment in that environment;

| (e) | ‘Electromagnetic disturbance‧ means any electromagnetic phenomenon which may degrade the performance of equipment
  . An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself
  ; |
| --- | --- |

(e)

‘Electromagnetic disturbance‧ means any electromagnetic phenomenon which may degrade the performance of equipment
  . An electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the propagation medium itself
  ;

| (f) | ‘Immunity‧ means the ability of equipment to perform as intended without degradation in the presence of an electromagnetic disturbance; |
| --- | --- |

(f)

‘Immunity‧ means the ability of equipment to perform as intended without degradation in the presence of an electromagnetic disturbance;

| (g) | ‘Safety purposes‧ means the purposes of safeguarding human life or property; |
| --- | --- |

(g)

‘Safety purposes‧ means the purposes of safeguarding human life or property;

| (h) | ‘Electromagnetic environment‧ means all electromagnetic phenomena observable in a given location. |
| --- | --- |

(h)

‘Electromagnetic environment‧ means all electromagnetic phenomena observable in a given location.

2.   For the purposes of this Directive the following shall be deemed to be an apparatus within the meaning of paragraph 1(b):

| (a) | ‘components‧ or ‘sub-assemblies‧ intended for incorporation into an apparatus by the end user, which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance; |
| --- | --- |

(a)

‘components‧ or ‘sub-assemblies‧ intended for incorporation into an apparatus by the end user, which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance;

| (b) | ‘mobile installations‧ defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations. |
| --- | --- |

(b)

‘mobile installations‧ defined as a combination of apparatus and, where applicable, other devices, intended to be moved and operated in a range of locations.

Article 3

Placing on the market, putting into service

Member States shall take all appropriate measures to ensure that equipment is placed on the market and/or put into service only if it complies with the requirements of this Directive when properly installed, maintained and used for its intended purpose.

Article 4

Free movement of equipment

1.   Member States shall not impede, for reasons relating to electromagnetic compatibility, the placing on the market and/or the putting into service in their territory of equipment which complies with this Directive.

2.   The requirements of this Directive shall not prevent the application in any Member State of
  the following
  special measures concerning the putting into service or use of equipment:

| (a) | measures
  in order to overcome an existing or predicted electromagnetic compatibility problem
  at a specific site; |
| --- | --- |

(a)

measures
  in order to overcome an existing or predicted electromagnetic compatibility problem
  at a specific site;

| (b) | measures taken
  for safety
  purposes
  to
  protect public
  telecommunications networks or receiving or transmitting stations
  when
  used
  for safety purposes in well-defined spectrum situations
  . |
| --- | --- |

(b)

measures taken
  for safety
  purposes
  to
  protect public
  telecommunications networks or receiving or transmitting stations
  when
  used
  for safety purposes in well-defined spectrum situations
  .

Without prejudice to Directive 98/34/EC,
  Member States shall notify these measures
  to the Commission and to the other Member States.

Those special measures which have been accepted shall be published by the Commission in the Official Journal of the European Union.

3.   Member States shall not create any obstacles to the display
  and/or demonstration
  at trade fairs, exhibitions or similar events of equipment which does not comply with this Directive
  ,
  provided that a visible sign clearly indicates that such equipment may not be placed on the market
  and/or
  put into service until it has been brought into conformity with this Directive.
  Demonstration may only take place provided that adequate measures are taken to avoid electromagnetic disturbances.

Article 5

Essential requirements

The equipment referred to in Article 1 shall meet the essential requirements set out in Annex I.

Article 6

Harmonised standards

1.   
  ‘Harmonised standard‧ means a technical specification adopted by a recognised European standardisation body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/EC for the purpose of establishing a European requirement. Compliance with a harmonised standard is not compulsory

2.   
  The compliance of equipment with the relevant harmonised standards whose references have been published in the Official Journal of the European Union shall raise a presumption, on the part of the Member States, of conformity with the essential requirements referred to in Annex I to which such standards relate. This presumption of conformity is limited to the scope of the harmonised standard(s) applied and the relevant essential requirements covered by such harmonised standard(s).

3.   Where a Member State or the Commission considers that a harmonised standard does not entirely satisfy the essential requirements referred to in Annex I, it shall bring the matter before the Standing Committee set up by Directive 98/34/EC (hereinafter ‘the Committee‧), stating its reasons. The Committee shall deliver an opinion without delay.

4.   Upon receipt of the Committee's opinion, the Commission shall take one of the following decisions with regard to the references to the harmonised standard concerned:

| (a) | not to publish; |
| --- | --- |

(a)

not to publish;

| (b) | to publish with restrictions; |
| --- | --- |

(b)

to publish with restrictions;

| (c) | to maintain the reference in the publication referred to in
  paragraph 2
  ; |
| --- | --- |

(c)

to maintain the reference in the publication referred to in
  paragraph 2
  ;

| (d) | to withdraw the reference from the publication referred to in
  paragraph 2
  . |
| --- | --- |

(d)

to withdraw the reference from the publication referred to in
  paragraph 2
  .

The Commission shall inform the Member States of its decision without delay.

CHAPTER II

APPARATUS

Article 7

Conformity assessment procedure for apparatus

Compliance of apparatus with the
  essential requirements referred to in Article 5 shall be demonstrated using the procedure described in Annex II (internal production control). However, at the discretion of the
  manufacturer or
  of
  his authorised representative
  in
  the Community
  , the procedure described in Annex III may also be followed.

Article 8

CE marking

1.   Apparatus whose compliance with this Directive has been established by the procedure laid down in Article 7 shall bear the CE marking which attests to that fact. The affixing of the CE marking shall be the responsibility of the manufacturer or his authorised representative established within the Community.

The CE marking shall be affixed in accordance with the provisions set out in Annex V.

2.   Member States shall take the necessary measures to prohibit the affixing to the apparatus, or to its packaging, or to the instructions for its use of marks which are likely to mislead third parties in relation to the meaning and/or graphic form of the CE marking.

3.   Any other mark may be affixed to the apparatus, its packaging, or the instructions for its use, provided that neither the visibility nor the legibility of the CE marking is thereby impaired.

4.   Without prejudice to Article 10, if a competent authority establishes that the CE marking has been unduly affixed, the manufacturer or his authorised representative established within the Community shall bring the apparatus into conformity with the provisions concerning the CE marking under conditions imposed by the Member State concerned.

Article 9

Other marks and information

1.
     
  Each apparatus shall be identified in terms of type, batch, serial number or any other information allowing for the identification of the apparatus.

2.
     
  Each apparatus shall be accompanied by the name and address of the manufacturer and, if he is not established within the Community, the name and address of his authorised representative or of the person established within the Community responsible for placing the apparatus on the Community market.

3.
     
  The manufacturer shall provide information on any specific precautions that have to be taken when the apparatus is assembled, installed, maintained or used, in order to ensure that, when put into service, the apparatus is in conformity with the protection requirements set out in Annex I, point 1.

4.
     
  Apparatus for which compliance with the protection requirements is not ensured in residential areas shall be accompanied by a clear indication of this restriction of use, where appropriate also on the packaging.

5.
     
  The information required to enable use in accordance with the intended purpose of the apparatus shall be contained in the instructions accompanying the apparatus.

Article 10

Safeguards

1.   Where a Member State ascertains that an apparatus bearing the CE marking does not comply with the requirements of this Directive, it shall take all appropriate measures to withdraw the apparatus from the market, to prohibit its placing on the market or putting into service, or to restrict its free movement.

2.   The Member State concerned shall immediately inform the Commission and the other Member States of any such measure, indicating the reasons and specifying, in particular, whether non-compliance is due to:

| (a) | failure to satisfy the essential requirements referred to in Annex I, when the apparatus does not comply with the harmonised standards referred to in Article 6; |
| --- | --- |

(a)

failure to satisfy the essential requirements referred to in Annex I, when the apparatus does not comply with the harmonised standards referred to in Article 6;

| (b) | incorrect application of the harmonised standards referred to in Article 6; |
| --- | --- |

(b)

incorrect application of the harmonised standards referred to in Article 6;

| (c) | shortcomings in the harmonised standards referred to in Article 6. |
| --- | --- |

(c)

shortcomings in the harmonised standards referred to in Article 6.

3.   The Commission shall consult the parties concerned as soon as possible, following which it shall inform the Member States whether or not it finds the measure to be justified.

4.   Where the measure referred to in paragraph 1 is attributed to a shortcoming in harmonised standards, the Commission, after consulting the parties, shall, if the Member State concerned intends to uphold the measure, bring the matter before the Committee and initiate the procedure laid down in Article 6(3)
  and (4)
  .

5.   Where the non-compliant apparatus
  has been subject to the conformity assessment procedure
  referred to in
  Annex III
  , the Member State concerned shall take appropriate action in respect of the author of
  the statement referred to in Annex III, point 3
  , and shall inform the Commission and the other Member States accordingly.

Article 11

Decisions with respect to the withdrawal, prohibition or restriction of free movement of apparatus

1.   Any decision taken pursuant to this Directive to withdraw an apparatus from the market, prohibit or restrict its placing on the market or its putting into service, or restrict its free movement, shall state the exact grounds on which it is based. Such decisions shall be notified without delay to the party concerned, who shall at the same time be informed of the remedies available to him under the national law in force in the Member State in question and of the time limits to which such remedies are subject.

2.   In the event of a decision as referred to in paragraph 1, the manufacturer, his authorised representative, or other interested party shall have the opportunity to put forward his point of view in advance, unless such consultation is not possible because of the urgency of the measure to be taken as justified in particular with respect to public interest requirements.

Article 12

Notified bodies

1.   Member States shall
  notify
  the
  Commission of the
  bodies
  which they have designated to carry out the tasks referred to in Annex III. Member States shall apply the criteria laid down in Annex VI in determining the bodies to be designated
  .

Such notification shall state whether the bodies are
  designated to carry out the tasks referred to in Annex III
  for all apparatus covered by this Directive
  and/or the essential requirements referred to in Annex I, or whether the scope of designation
  is limited to certain specific aspects
  and/or categories of apparatus
  .

2.   
  Bodies
  which comply with the assessment criteria fixed by the relevant harmonised standards shall be presumed to comply with the criteria set out in Annex VI covered by such harmonised standards. The Commission shall publish in the Official Journal of the European Union the references of these standards.

3.   The Commission shall publish in the Official Journal of the European Union a list of notified bodies. The Commission shall ensure that the list is kept up to date.

4.   If a Member State finds that a notified body no longer meets the criteria listed in Annex VI, it shall inform the Commission and the other Member States accordingly. The Commission shall withdraw the reference to that body from the list referred to in paragraph 4.

CHAPTER III

FIXED INSTALLATIONS

Article 13

Fixed installations

1.   Apparatus which has been placed on the market and which may be incorporated into a fixed installation is subject to all relevant provisions for apparatus set out in this Directive.

However, the provisions of Articles 5, 7, 8
  and 9
  shall not be compulsory in the case of apparatus which is
  intended
  for incorporation into a given fixed installation and is otherwise not commercially available. In such cases, the accompanying documentation shall
  identify
  the fixed installation and
  its electromagnetic compatibility characteristics and
  indicate the precautions to be taken for the incorporation of the apparatus into the fixed installation in order not to compromise the conformity of the specified installation. It shall furthermore include the information referred to in
  Article 9(1)
  and
  (2)
  .

2.   Where there are indications of non-compliance of the fixed installation, in particular, where there are complaints about disturbances being generated by the installation, the competent authorities of the Member State concerned may request evidence of compliance of the fixed installation, and, when appropriate, initiate an assessment.

Where non-compliance is identified, the competent authorities may impose appropriate measures to bring the installation into compliance with the protection requirements set out in Annex I.

3.   Member States shall set out the necessary provisions for the identification of the person or persons responsible for the establishment of compliance of a fixed installation with the relevant essential requirements.

CHAPTER IV

FINAL PROVISIONS

Article 14

Repeal

Directive 89/336/EEC is hereby repealed as from (10).

References to Directive 89/336/EEC shall be construed as references to this Directive and be read in accordance with the correlation table set out in Annex VII.

Article 15

Transitional provisions

Member States shall not impede the placing on the market and/ or putting into service of equipment which is in compliance with the provisions of Directive 89/336/EEC and which was placed on the market before (11).

Article 16

Transposition

1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by (12) at the latest. They shall forthwith inform the Commission thereof.

They shall apply those provisions from (13)
  .

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. The methods of making such a publication shall be laid down by Member States.

2.   Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 17

Entry into force

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

Article 18

Addressees

This Directive is addressed to the Member States.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C 220, 16.9.2003, p. 13
  .

2

220, 16.9.2003, p. 13

(3)  Position of the European Parliament of 9 March 2004.

3

Position of the European Parliament of 9 March 2004

(4)  OJ L 139, 23.5.1989, p.19, as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1)

4

(5)  OJ L 91, 7.4.1999, p.10. As last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

5

As last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(6)  OJ C 136, 4.6.1985, p. 1.

6

(7)  OJ L 204, 21.7.1998, p.37. As last amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

7

(8)  OJ L 240, 7.9.2002, p. 1. As amended by Commission Regulation (EC) No 1701/2003 (OJ L 243, 27.9.2003, p. 5.).

8

(9)  Constitution and Convention of the International Telecommunication Union adopted by the Additional Plenipotentiary Conference (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994).

9

(10)  
  30 months after the entry into force of this Directive

10

30 months after the entry into force of this Directive

(11)  54 months after the entry into force of this Directive.

11

54 months after the entry into force of this Directive.

(12)  24 months after the entry into force of this Directive.

12

24 months after the entry into force of this Directive.

(13)  30 months after the entry into force of this Directive.

13

ANNEX I

Essential requirements

1.   Protection requirements

Equipment shall be so designed and manufactured, having regard to the state of the art, as to ensure that:

| (a) | the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended; |
| --- | --- |

(a)

the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended;

| (b) | it has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended
  use
  . |
| --- | --- |

(b)

it has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended
  use
  .

2.
     
  Specific
  requirements for fixed installations

Installation
  and intended use of components:

A fixed installation shall be installed applying good engineering
  practices
  and respecting the information on the intended use of its components, with a view to meeting the protection requirements set out in Point 1.
  These good engineering practices shall be documented and the documentation shall be held by the responsible person(s) at the disposal of the relevant national authorities for inspection purposes as long as the fixed installation is in operation.

ANNEX II

Conformity Assessment procedure referred to in Article 7 (internal production control)

1. The manufacturer shall perform an electromagnetic compatibility assessment of the apparatus, based on the relevant phenomena, with a view to meeting the protection requirements set out in Annex I, point 1. The correct application of all the relevant harmonised standards whose references have been published in the Official Journal of the European Union shall be equivalent to the carrying out of the electromagnetic compatibility assessment.

2. The electromagnetic compatibility assessment shall take into account all normal intended operating conditions. In cases where the apparatus can take different configurations, the electromagnetic compatibility assessment shall confirm that the apparatus meets the protection requirements set out in Annex I, point 1 in all possible configurations identified by the manufacturer as representative of its intended use.

3. In accordance with the provisions set out in Annex IV, the manufacturer shall draw up technical documentation providing evidence of the conformity of the apparatus with the essential requirements of this Directive.

4. The manufacturer or his authorised representative in the Community shall hold the technical documentation at the disposal of the competent authorities for a period of at least ten years after the date on which such apparatus was last manufactured.

5. The compliance of apparatus with all relevant essential requirements shall be attested by an EC declaration of conformity issued by the manufacturer or his authorised representative established within the Community.

6. The manufacturer or his authorised representative in the Community shall hold the EC declaration of conformity at the disposal of the competent authorities for a period of at least ten years after the date on which such apparatus was last manufactured.

7. If neither the manufacturer nor his authorised representative is established within the Community, the obligation to hold the EC declaration of conformity and the technical documentation at the disposal of the competent authorities shall be the responsibility of the person who places the apparatus on the Community market.

8. The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured products with the technical documentation referred to in point 3 and with the provisions of this Directive that apply to them.

9. The technical documentation and the EC declaration of conformity shall be drawn up in accordance with the provisions set out in Annex IV.

ANNEX III

Conformity Assessment procedure referred to in Article 7

1. This procedure consists of applying Annex II, completed as follows:

2. The manufacturer or his authorised representative established within the Community shall present the technical documentation to the notified body referred to in Article 12 and ask the notified body for an assessment. The manufacturer or his authorised representative established within the Community shall specify to the notified body which aspects of the essential requirements have to be assessed by the notified body.

3. The notified body shall review the technical documentation and assess whether the technical documentation properly demonstrates that the requirements of the Directive he shall assess have been met. If the compliance of the apparatus is confirmed, the notified body shall issue a statement to the manufacturer or his authorised representative established within the Community confirming the compliance of the apparatus. The statement of the notified body shall be limited to those aspects of the essential requirements which have been assessed by the notified body.

4. The manufacturer shall add the statement of the notified body to the technical documentation.

ANNEX IV

Technical documentation, EC declaration of conformity

1.   Technical documentation

The technical documentation must enable the conformity of the apparatus with the essential requirements to be assessed. It must cover the design and manufacture of the apparatus, in particular:

| — | a general description of the apparatus; |
| --- | --- |

—

a general description of the apparatus;

| — | evidence
  of compliance with the harmonised standards, if any, applied in full or in part; |
| --- | --- |

—

evidence
  of compliance with the harmonised standards, if any, applied in full or in part;

| — | where the manufacturer has not applied harmonised standards, or has applied them only in part, a description and explanation of the steps taken to meet the essential requirements of the Directive, including a description of the electromagnetic compatibility assessment set out in Annex II, results of design calculations made, examinations carried out, test reports, etc.; |
| --- | --- |

—

where the manufacturer has not applied harmonised standards, or has applied them only in part, a description and explanation of the steps taken to meet the essential requirements of the Directive, including a description of the electromagnetic compatibility assessment set out in Annex II, results of design calculations made, examinations carried out, test reports, etc.;

| — | a statement
  from
  the
  notified body
  , when the procedure referred to in Annex III has been followed
  . |
| --- | --- |

—

a statement
  from
  the
  notified body
  , when the procedure referred to in Annex III has been followed
  .

2.   EC declaration of conformity

The EC declaration of conformity must contain, at least, the following:

| — | reference to this Directive; |
| --- | --- |

—

reference to this Directive;

| — | identification of the apparatus to which it refers, as set out in
  Article 9(1)
  ; |
| --- | --- |

—

identification of the apparatus to which it refers, as set out in
  Article 9(1)
  ;

| — | name and address of the manufacturer and, where applicable, the name and address of his authorised representative within the Community; |
| --- | --- |

—

name and address of the manufacturer and, where applicable, the name and address of his authorised representative within the Community;

| — | dated reference to the specifications under which conformity is declared to ensure the conformity of the apparatus with the provisions of this Directive; |
| --- | --- |

—

dated reference to the specifications under which conformity is declared to ensure the conformity of the apparatus with the provisions of this Directive;

| — | date of
  the declaration; |
| --- | --- |

—

date of
  the declaration;

| — | identification and signature of the person empowered to bind the manufacturer or his authorised representative. |
| --- | --- |

—

identification and signature of the person empowered to bind the manufacturer or his authorised representative.

ANNEX V

CE marking

The CE marking shall consist of the initials ‘CE‧ taking the following form:

Image

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 apparatus or to its data plate. Where this is not possible or not warranted on account of the nature of the apparatus, it must be affixed to the packaging, if any, and to the accompanying documents.

Where apparatus is the subject of other Directives covering other aspects and which also provide for the CE marking, the latter shall indicate that the apparatus also conforms with those other Directives.

However, where one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Union, must be given in the documents, notices or instructions required by the Directives and accompanying such apparatus.

ANNEX VI

Criteria for the assessment of the bodies to be notified

| 1. | The bodies notified by the Member States shall fulfil the following minimum conditions:






  (a) | availability of personnel and of the necessary means and equipment; |
| --- | --- | --- |

1.

The bodies notified by the Member States shall fulfil the following minimum conditions:

(a)

availability of personnel and of the necessary means and equipment;

| (b) | technical competence and professional integrity of personnel; |
| --- | --- |

(b)

technical competence and professional integrity of personnel;

| (c) | independence in preparing the reports and performing the verification function provided for in this Directive; |
| --- | --- |

(c)

independence in preparing the reports and performing the verification function provided for in this Directive;

| (d) | independence of staff and technical personnel in relation to all interested parties, groups or persons directly or indirectly concerned with the equipment in question; |
| --- | --- |

(d)

independence of staff and technical personnel in relation to all interested parties, groups or persons directly or indirectly concerned with the equipment in question;

| (e) | maintenance of professional secrecy by personnel; |
| --- | --- |

(e)

maintenance of professional secrecy by personnel;

| (f) | possession of civil liability insurance unless such liability is covered by the State under national law. |
| --- | --- |

(f)

possession of civil liability insurance unless such liability is covered by the State under national law.

| 2. | Fulfilment of the conditions under Point 1 shall be verified at intervals by the competent authorities of the Member
  States
  . |
| --- | --- |

2.

Fulfilment of the conditions under Point 1 shall be verified at intervals by the competent authorities of the Member
  States
  .

ANNEX VII

Correlation Table

| Directive 89/336/EEC | This Directive |
| --- | --- |
| Article 1, point 1) | Article 2, points 1(a), 1(b), 1(c) |
| Article 1, point 2) | Article 2, point 1(e) |
| Article 1, point 3) | Article 2, point 1(f) |
| Article 1, point 4) | Article 2 point 1(d) |
| Article 1 points 5 and 6) | — |
| Article 2 point 1. | Article 1 point 1. |
| Article 2 point 2. | Article 1 point 4. |
| Article 2 point 3. | Article 1 point 2(c) |
| Article 3 | Article 3. |
| Article 4 | Article 5 and Annex I |
| Article 5 | Article 4 point 1. |
| Article 6 | Article 4 point 2. |
| Article 7 point 1.(a) | Article 6 points 1. and 2. |
| Article 7 point 1(b) | — |
| Article 7 point 2. | — |
| Article 7 point 3. | — |
| Article 8 point 1. | Article 6 points 3. and 4. |
| Article 8 point 2. | — |
| Article 9 point 1. | Article 10, points 1. and 2. |
| Article 9 point 2. | Article 10, points 3. and 4. |
| Article 9 point 3. | Article 10, point 5. |
| Article 9 point 4. | Article 10, point 3. |
| Article 10 point 1 1st paragraph | Article 7
  and Annex II |
| Article 10 point 1 2nd paragraph | Article 8 |
| Article 10 point 2 | Article 7
  and Annex II |
| Article 10 point 3 | — |
| Article 10 point 4 | — |
| Article 10 point 5 | Article 7
  and Annex II |
| Article 10 point 6 | Article 12 |
| Article 11 | Article 14 |
| Article 12 | Article 16 |
| Article 13 | Article 18 |
| Annex I, section 1 | Annex IV, section 2 |
| Annex I, section 2 | Annex V |
| Annex II | Annex VI |
| Annex III | — |

Directive 89/336/EEC

This Directive

Article 1, point 1)

Article 2, points 1(a), 1(b), 1(c)

Article 1, point 2)

Article 2, point 1(e)

Article 1, point 3)

Article 2, point 1(f)

Article 1, point 4)

Article 2 point 1(d)

Article 1 points 5 and 6)

—

Article 2 point 1.

Article 1 point 1.

Article 2 point 2.

Article 1 point 4.

Article 2 point 3.

Article 1 point 2(c)

Article 3

Article 3.

Article 4

Article 5 and Annex I

Article 5

Article 4 point 1.

Article 6

Article 4 point 2.

Article 7 point 1.(a)

Article 6 points 1. and 2.

Article 7 point 1(b)

—

Article 7 point 2.

—

Article 7 point 3.

—

Article 8 point 1.

Article 6 points 3. and 4.

Article 8 point 2.

—

Article 9 point 1.

Article 10, points 1. and 2.

Article 9 point 2.

Article 10, points 3. and 4.

Article 9 point 3.

Article 10, point 5.

Article 9 point 4.

Article 10, point 3.

Article 10 point 1 1st paragraph

Article 7
  and Annex II

Article 10 point 1 2nd paragraph

Article 8

Article 10 point 2

Article 7
  and Annex II

Article 10 point 3

—

Article 10 point 4

—

Article 10 point 5

Article 7
  and Annex II

Article 10 point 6

Article 12

Article 11

Article 14

Article 12

Article 16

Article 13

Article 18

Annex I, section 1

Annex IV, section 2

Annex I, section 2

Annex V

Annex II

Annex VI

Annex III

—

P5_TA(2004)0149

Pollution from natural gas or liquefied petroleum gas engines ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compressionignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (COM(2003) 522 — C5-0456/2003 — 2003/0205(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 522) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 522) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0456/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0456/2003),

| — | 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 (A5-0057/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0057/2004),

| 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; |
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2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0205

Position of the European Parliament adopted at first reading on 9 March 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (recast version)

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) | Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (5) is one of the separate Directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (6). Directive 88/77/EEC has been substantially amended several times to introduce successively more stringent pollutant emission limits. Since further amendments are to be made, it should be recast in the interests of clarity. |
| --- | --- |

(1)

Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (5) is one of the separate Directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (6). Directive 88/77/EEC has been substantially amended several times to introduce successively more stringent pollutant emission limits. Since further amendments are to be made, it should be recast in the interests of clarity.

| (2) | Council Directive 91/542/EEC of 1 October 1991 amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (7), Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (8), and Commission Directive 2001/27/EC of 10 April 2001 adapting to technical progress Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (9) have introduced provisions which, while being autonomous, are closely linked to the scheme established under Directive 88/77/EEC. Those autonomous provisions should be fully integrated into the recast Directive in the interests of clarity and legal certainty. |
| --- | --- |

(2)

Council Directive 91/542/EEC of 1 October 1991 amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (7), Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (8), and Commission Directive 2001/27/EC of 10 April 2001 adapting to technical progress Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (9) have introduced provisions which, while being autonomous, are closely linked to the scheme established under Directive 88/77/EEC. Those autonomous provisions should be fully integrated into the recast Directive in the interests of clarity and legal certainty.

| (3) | It is necessary that all the Member States adopt the same requirements, in order, in particular, to permit the implementation, for each vehicle type, of the EC type-approval system which is the subject of Directive 70/156/EEC. |
| --- | --- |

(3)

It is necessary that all the Member States adopt the same requirements, in order, in particular, to permit the implementation, for each vehicle type, of the EC type-approval system which is the subject of Directive 70/156/EEC.

| (4) | The Commission's programme on air quality, road transport emissions, fuels and emission abatement technologies (10), hereinafter ‘the first Auto-Oil programme‧, showed that further reductions in pollutant emissions from heavy-duty vehicles were necessary with a view to achieving future air quality standards. |
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(4)

The Commission's programme on air quality, road transport emissions, fuels and emission abatement technologies (10), hereinafter ‘the first Auto-Oil programme‧, showed that further reductions in pollutant emissions from heavy-duty vehicles were necessary with a view to achieving future air quality standards.

| (5) | Reductions in emission limits applicable from the year 2000, corresponding to abatements of 30 % in emissions of carbon monoxide, total hydrocarbons, oxides of nitrogen and particulate matter were identified by the first Auto-Oil programme as key measures for the achievement of medium-term air quality. A reduction of 30 % in exhaust smoke opacity should additionally contribute to the reduction of particulate matter. Additional reductions in emission limits applicable from the year 2005, corresponding to additional abatements of 30 % in carbon monoxide, total hydrocarbons and oxides of nitrogen and 80 % in particulate matter should greatly contribute to air quality improvement in the medium to longer-term. The additional limit for oxides of nitrogen applicable in the year 2008 should result in a further 43 % reduction in the emission limit for this pollutant. |
| --- | --- |

(5)

Reductions in emission limits applicable from the year 2000, corresponding to abatements of 30 % in emissions of carbon monoxide, total hydrocarbons, oxides of nitrogen and particulate matter were identified by the first Auto-Oil programme as key measures for the achievement of medium-term air quality. A reduction of 30 % in exhaust smoke opacity should additionally contribute to the reduction of particulate matter. Additional reductions in emission limits applicable from the year 2005, corresponding to additional abatements of 30 % in carbon monoxide, total hydrocarbons and oxides of nitrogen and 80 % in particulate matter should greatly contribute to air quality improvement in the medium to longer-term. The additional limit for oxides of nitrogen applicable in the year 2008 should result in a further 43 % reduction in the emission limit for this pollutant.

| (6) | Type-approval tests for gaseous and particulate pollutants and smoke opacity are applicable to allow for a more representative evaluation of the emissions performance of engines over test conditions that more closely resemble those encountered by vehicles in-service. From 2000, conventional compression-ignition engines and those compression-ignition engines fitted with certain types of emission control equipment are tested over a steady-state test cycle and over a new load response test for smoke opacity. Compression-ignition engines fitted with advanced emission control systems are, in addition, tested over a new transient test cycle. From 2005, all compression-ignition engines should be tested on all these test cycles. Gas fuelled engines are only tested on the new transient test cycle. |
| --- | --- |

(6)

Type-approval tests for gaseous and particulate pollutants and smoke opacity are applicable to allow for a more representative evaluation of the emissions performance of engines over test conditions that more closely resemble those encountered by vehicles in-service. From 2000, conventional compression-ignition engines and those compression-ignition engines fitted with certain types of emission control equipment are tested over a steady-state test cycle and over a new load response test for smoke opacity. Compression-ignition engines fitted with advanced emission control systems are, in addition, tested over a new transient test cycle. From 2005, all compression-ignition engines should be tested on all these test cycles. Gas fuelled engines are only tested on the new transient test cycle.

| (7) | Under all randomly selected load conditions within a defined operating range, the limit values may not be exceeded by more than an appropriate percentage. |
| --- | --- |

(7)

Under all randomly selected load conditions within a defined operating range, the limit values may not be exceeded by more than an appropriate percentage.

| (8) | In laying down new standards and test procedures, it is necessary to take account of the impact on air quality of future traffic growth in the Community. The work undertaken by the Commission in this sphere has shown that the motor industry in the Community has made great strides in the perfection of the technology allowing a considerable reduction in emissions of gaseous and particulate pollutants. However, it is still necessary to press for further improvements in emission limits and other technical requirements in the interests of environmental protection and public health. In particular, the results of on-going research into the characteristics of ultra-fine particulates should be taken into account in any future measures. |
| --- | --- |

(8)

In laying down new standards and test procedures, it is necessary to take account of the impact on air quality of future traffic growth in the Community. The work undertaken by the Commission in this sphere has shown that the motor industry in the Community has made great strides in the perfection of the technology allowing a considerable reduction in emissions of gaseous and particulate pollutants. However, it is still necessary to press for further improvements in emission limits and other technical requirements in the interests of environmental protection and public health. In particular, the results of on-going research into the characteristics of ultra-fine particulates should be taken into account in any future measures.

| (9) | It is necessary that further improvements be made to the quality of motor fuels to enable the efficient and durable performance of emission control systems in service. |
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(9)

It is necessary that further improvements be made to the quality of motor fuels to enable the efficient and durable performance of emission control systems in service.

| (10) | New provisions for on-board diagnostics (OBD) should be introduced from 2005 with a view to facilitating the immediate detection of the deterioration or failure of engine emission control equipment. This should enhance diagnostic and repair capability, significantly improving the sustainable emission performance of in-service heavy-duty vehicles. Since, on the world-wide stage, OBD for heavy-duty diesel engines is in its infancy, it should be introduced in the Community in two stages to allow for system development so that the OBD system does not give false indications. In order to assist the Member States in ensuring that the owners and operators of heavy-duty vehicles meet their obligation to repair faults indicated by the OBD system, the distance covered or the time that has elapsed after a fault has been indicated to the driver should be recorded. |
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(10)

New provisions for on-board diagnostics (OBD) should be introduced from 2005 with a view to facilitating the immediate detection of the deterioration or failure of engine emission control equipment. This should enhance diagnostic and repair capability, significantly improving the sustainable emission performance of in-service heavy-duty vehicles. Since, on the world-wide stage, OBD for heavy-duty diesel engines is in its infancy, it should be introduced in the Community in two stages to allow for system development so that the OBD system does not give false indications. In order to assist the Member States in ensuring that the owners and operators of heavy-duty vehicles meet their obligation to repair faults indicated by the OBD system, the distance covered or the time that has elapsed after a fault has been indicated to the driver should be recorded.

| (11) | Compression-ignition engines are inherently durable and have demonstrated that, with proper and effective maintenance, they can retain a high level of emissions performance over the significantly high distances travelled by heavy-duty vehicles in the course of commercial operations. However, future emission standards will push the introduction of emission control systems downstream of the engine, such as deNOx systems, diesel particulate filters and systems that are a combination of both and, perhaps, other systems yet to be defined. It is therefore necessary to establish a useful life requirement on which to base procedures for ensuring the compliance of an engine's emission control system throughout that reference period. In establishing such a requirement, due account should be taken of the considerable distances covered by heavy-duty vehicles, of the need to incorporate appropriate and timely maintenance and of the possibility of type-approving category N1 vehicles in accordance with either this Directive or Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (11). |
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(11)

Compression-ignition engines are inherently durable and have demonstrated that, with proper and effective maintenance, they can retain a high level of emissions performance over the significantly high distances travelled by heavy-duty vehicles in the course of commercial operations. However, future emission standards will push the introduction of emission control systems downstream of the engine, such as deNOx systems, diesel particulate filters and systems that are a combination of both and, perhaps, other systems yet to be defined. It is therefore necessary to establish a useful life requirement on which to base procedures for ensuring the compliance of an engine's emission control system throughout that reference period. In establishing such a requirement, due account should be taken of the considerable distances covered by heavy-duty vehicles, of the need to incorporate appropriate and timely maintenance and of the possibility of type-approving category N1 vehicles in accordance with either this Directive or Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (11).

| (12) | Member States should be allowed, by means of tax incentives, to expedite the placing on the market of vehicles that satisfy the requirements adopted at Community level, provided that such incentives comply with the provisions of the Treaty and satisfy certain conditions intended to prevent distortion of the internal market. This Directive does not affect the right of the Member States to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on motor vehicles. |
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(12)

Member States should be allowed, by means of tax incentives, to expedite the placing on the market of vehicles that satisfy the requirements adopted at Community level, provided that such incentives comply with the provisions of the Treaty and satisfy certain conditions intended to prevent distortion of the internal market. This Directive does not affect the right of the Member States to include emissions of pollutants and other substances in the basis for calculating road traffic taxes on motor vehicles.

| (13) | Since some of those tax incentives are State aids under Article 87(1) of the Treaty, they would have to be notified to the Commission under Article 88(3) of the Treaty for evaluation in accordance with the relevant criteria of compatibility. The notification of such measures in accordance with this Directive should be without prejudice to the obligation to notify under Article 88(3) of the Treaty. |
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(13)

Since some of those tax incentives are State aids under Article 87(1) of the Treaty, they would have to be notified to the Commission under Article 88(3) of the Treaty for evaluation in accordance with the relevant criteria of compatibility. The notification of such measures in accordance with this Directive should be without prejudice to the obligation to notify under Article 88(3) of the Treaty.

| (14) | With the aim of simplifying and accelerating the procedure, the Commission should be entrusted with the task of adopting measures implementing the fundamental provisions laid down in this Directive as well as the measures for adapting the annexes of this Directive to scientific and technical progress. |
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(14)

With the aim of simplifying and accelerating the procedure, the Commission should be entrusted with the task of adopting measures implementing the fundamental provisions laid down in this Directive as well as the measures for adapting the annexes of this Directive to scientific and technical progress.

| (15) | The measures necessary for the implementation of this Directive and its adaptation to scientific and technical progress should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12). |
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(15)

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

| (16) | The Commission should keep under review the need to introduce emission limits for pollutants which are as yet unregulated and which arise as a consequence of the wider use of new alternative fuels and new exhaust emission control systems. |
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(16)

The Commission should keep under review the need to introduce emission limits for pollutants which are as yet unregulated and which arise as a consequence of the wider use of new alternative fuels and new exhaust emission control systems.

| (17) | The Commission should submit any proposals it may deem appropriate for a further stage for limit values for NOx and particulate emissions as soon as possible. |
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(17)

The Commission should submit any proposals it may deem appropriate for a further stage for limit values for NOx and particulate emissions as soon as possible.

| (18) | Since
  the objectives of the proposed action, namely the realisation of the internal market through the introduction of common technical requirements concerning gaseous and particulate emissions for all types of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved on a 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 for that purpose. |
| --- | --- |

(18)

Since
  the objectives of the proposed action, namely the realisation of the internal market through the introduction of common technical requirements concerning gaseous and particulate emissions for all types of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved on a 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 for that purpose.

| (19) | The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives. |
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(19)

The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

| (20) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B, |
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(20)

This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Definitions

For the purposes of this Directive the following definitions shall apply:

| (a) | ‘vehicle‧ means any vehicle as defined in Article 2 of Directive 70/156/EEC and propelled by a compression-ignition or gas engine, with the exception of vehicles of category M1 with a technically permissible maximum laden mass less than or equal to 3.5 tonnes; |
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(a)

‘vehicle‧ means any vehicle as defined in Article 2 of Directive 70/156/EEC and propelled by a compression-ignition or gas engine, with the exception of vehicles of category M1 with a technically permissible maximum laden mass less than or equal to 3.5 tonnes;

| (b) | ‘compression-ignition or gas engine‧ means the motive propulsion source of a vehicle for which typeapproval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted; |
| --- | --- |

(b)

‘compression-ignition or gas engine‧ means the motive propulsion source of a vehicle for which typeapproval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted;

| (c) | ‘enhanced environment-friendly vehicle (EEV)‧ means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the Tables in section 6.2.1 of Annex I. |
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(c)

‘enhanced environment-friendly vehicle (EEV)‧ means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the Tables in section 6.2.1 of Annex I.

Article 2

Obligations of the Member States

1.   For types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the Tables in section 6.2.1 of Annex I, Member States:

| (a) | shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and |
| --- | --- |

(a)

shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC; and

| (b) | shall refuse national type-approval. |
| --- | --- |

(b)

shall refuse national type-approval.

2.   Except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row A of the Tables in section 6.2.1 of Annex I:

| (a) | consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and |
| --- | --- |

(a)

consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

| (b) | prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines. |
| --- | --- |

(b)

prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines.

3.   Without prejudice to paragraphs 1 and 2, with effect from 1 October 2003 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, for types of gas engines and types of vehicles propelled by a gas engine which do not comply with the requirements set out in Annexes I to VIII:

| (a) | consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and |
| --- | --- |

(a)

consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

| (b) | prohibit the registration, sale, entry into service or use of new vehicles and the sale or use of new engines. |
| --- | --- |

(b)

prohibit the registration, sale, entry into service or use of new vehicles and the sale or use of new engines.

4.   If the requirements set out in Annexes I to VIII and in Articles 3 and 4 are satisfied, in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine comply with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I, no Member State may, on grounds relating to the gaseous and particulate pollutants and opacity of smoke emissions from an engine:

| (a) | refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC or to grant national type-approval for a type of vehicle propelled by a compression-ignition or gas engine; |
| --- | --- |

(a)

refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC or to grant national type-approval for a type of vehicle propelled by a compression-ignition or gas engine;

| (b) | prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine; |
| --- | --- |

(b)

prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine;

| (c) | refuse to grant EC type-approval for a type of compression-ignition or gas engine; |
| --- | --- |

(c)

refuse to grant EC type-approval for a type of compression-ignition or gas engine;

| (d) | prohibit the sale or use of new compression-ignition or gas engines |
| --- | --- |

(d)

prohibit the sale or use of new compression-ignition or gas engines

5.   With effect from 1 October 2005, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the Tables in section 6.2.1 of Annex I, Member States:

| (a) | shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and |
| --- | --- |

(a)

shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and

| (b) | shall refuse national type-approval. |
| --- | --- |

(b)

shall refuse national type-approval.

6.   With effect from 1 October 2006 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B1 of the Tables in section 6.2.1 of Annex I:

| (a) | consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and |
| --- | --- |

(a)

consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

| (b) | prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines. |
| --- | --- |

(b)

prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines.

7.   With effect from 1 October 2008, for types of compression-ignition or gas engines and types of vehicle propelled by compression-ignition or gas engines which do not meet the requirements set out in Annexes I to VIII and in Articles 3 and 4 and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the Tables in section 6.2.1 of Annex I, Member States:

| (a) | shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and |
| --- | --- |

(a)

shall refuse to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and

| (b) | shall refuse national type-approval. |
| --- | --- |

(b)

shall refuse national type-approval.

8.   With effect from 1 October 2009 and except in the case of vehicles and engines intended for export to third countries or replacement engines for in-service vehicles, Member States shall, where the requirements set out in Annexes I to VIII and in Articles 3 and 4 are not met and in particular where the emissions of gaseous and particulate pollutants and opacity of smoke from the engine do not comply with the limit values set out in row B2 of the Tables in section 6.2.1 of Annex I:

| (a) | consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and |
| --- | --- |

(a)

consider certificates of conformity which accompany new vehicles or new engines pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

| (b) | prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines. |
| --- | --- |

(b)

prohibit the registration, sale, entry into service or use of new vehicles propelled by a compressionignition or gas engine and the sale or use of new compression-ignition or gas engines.

9.   In accordance with paragraphe 4, an engine that satisfies the requirements set out in Annexes I to VIII, and, in particular, complies with the limit values set out in row C of the Tables in section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs 1, 2 and 3;

In accordance with paragraphe 4, an engine that satisfies the requirements set out in Annexes I to VIII and in Articles 3 and 4 and, in particular, complies with the limit values set out in row C of the Tables in section 6.2.1 of Annex I shall be considered as complying with the requirements set out in paragraphs 1, 2 and 3 and 5 to 8.

10.
     
  For compression-ignition or gas engines that must comply with the limit values set out in section 6.2.1. of Annex I under the type-approval system, the following shall apply: under all randomly selected load conditions, belonging to a definite control area and with the exception of specified engine operating conditions which are not subject to such a provision, the emissions sampled during a time duration as small as 30 seconds shall not exceed by more than 100 % the limit values in rows B2 and C of the tables in section 6.2.1 of Annex I. The control area to which the percentage not to be exceeded shall apply, the excluded engine operating conditions and other appropriate conditions shall be defined in accordance with the procedure referred to in Article 7.

Article 3

Durability of emission control systems

1.   From 1 October 2005 for new type-approvals and from 1 October 2006 for all type-approvals, the manufacturer shall demonstrate that a compression-ignition or gas engine type-approved by reference to the emission limits set out in row B1 or row B2 or row C of the Tables in section 6.2.1. of Annex I will comply with those emission limits for a useful life of:

| (a) | 100 000 km or five years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N1

  and M2

  ; |
| --- | --- |

(a)

100 000 km or five years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N1

  and M2

  ;

| (b) | 200 000 km or six years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N2,
  N3 with a maximum technically permissible mass not exceeding 16 tonnes
  and
  M3 Class I, Class II and Class A, and Class B with a maximum technically permissible mass not exceeding 7.5 tonnes
  ; |
| --- | --- |

(b)

200 000 km or six years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N2,
  N3 with a maximum technically permissible mass not exceeding 16 tonnes
  and
  M3 Class I, Class II and Class A, and Class B with a maximum technically permissible mass not exceeding 7.5 tonnes
  ;

| (c) | 500 000 km or seven years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N3

  with a maximum technically permissible mass exceeding 16 tonnes
  and M3

  , Class III and Class B with a maximum technically permissible massexceeding 7.5 tonnes
  . |
| --- | --- |

(c)

500 000 km or seven years, whichever is the sooner, in the case of engines to be fitted to vehicles of category N3

  with a maximum technically permissible mass exceeding 16 tonnes
  and M3

  , Class III and Class B with a maximum technically permissible massexceeding 7.5 tonnes
  .

From 1 October 2005, for new types, and from 1 October 2006, for all types, type-approvals granted to vehicles shall also require confirmation of the correct operation of the emission control devices during the normal life of the vehicle under normal conditions of use (conformity of in-service vehicles properly maintained and used).

2.   The measures for the implementation of paragraph 1 shall be adopted by [30 June 2004] at the latest.

Article 4

On-board diagnostic systems

1.   From 1 October 2005 for new type-approvals of vehicles and from 1 October 2006 for all typeapprovals, a compression-ignition engine type-approved by reference to the emission limit values set out in row B1 or row C of the Tables in section 6.2.1 of Annex I or a vehicle propelled by such an engine shall be fitted with an on-board diagnostic (OBD) system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B1 or row C of the table in paragraph 3 are exceeded.

In the case of exhaust after-treatment systems, the OBD system may monitor for major functional failure of any of the following:

| (a) | a catalyst, where fitted as a separate unit, whether or not it is part of a deNOx system or a diesel particulate filter; |
| --- | --- |

(a)

a catalyst, where fitted as a separate unit, whether or not it is part of a deNOx system or a diesel particulate filter;

| (b) | a deNOx system, where fitted; |
| --- | --- |

(b)

a deNOx system, where fitted;

| (c) | a diesel particulate filter, where fitted; |
| --- | --- |

(c)

a diesel particulate filter, where fitted;

| (d) | a combined deNOx-diesel particulate filter system. |
| --- | --- |

(d)

a combined deNOx-diesel particulate filter system.

2.   From 1 October 2008 for new type-approvals and from 1 October 2009 for all type-approvals, a compression-ignition or a gas engine type-approved by reference to the emission limit values set out in row B2 or row C of the Tables in section 6.2.1 of Annex I, or a vehicle propelled by such an engine shall be fitted with an OBD system that signals the presence of a fault to the driver if the OBD threshold limits set out in row B2 or row C of the Table in paragraph 3 are exceeded.

The OBD system shall also include an interface between the engine electronic control unit (EECU) and any other engine or vehicle electrical or electronic systems that provide an input to or receive an output from the EECU and which affect the correct functioning of the emission control system, such as the interface between the EECU and a transmission electronic control unit.

3.   The OBD threshold limits shall be as follows:

| Row | Compression-ignition engines |
| --- | --- |
| Mass of oxides of nitrogen | Mass of particulate |
| (NOx) g/kWh | (PT) g/kWh |
| B1 (2005) | 7.0 | 0.1 |
| B2 (2008) | 7.0 | 0.1 |
| C (EEV) | 7.0 | 0.1 |

Row

Compression-ignition engines

Mass of oxides of nitrogen

Mass of particulate

(NOx) g/kWh

(PT) g/kWh

B1 (2005)

7.0

0.1

B2 (2008)

7.0

0.1

C (EEV)

7.0

0.1

4.
     
  Full and uniform access to OBD information must be provided for the purposes of testing, diagnosis, servicing and repair in keeping with the relevant provisions of Directive 70/220/EEC and provisions regarding replacement components ensuring compatibility with OBD systems.

5.   The measures for the implementation of paragraphs 1, 2 and 3 shall be adopted by [30 June 2004] at the latest.

Article 5

Emission Control Systems Using Consumable Reagents

In defining the measures necessary to implement Article 4, as provided for by Article 7(1), the Commission shall, if appropriate, include technical measures to minimise the risk of emissions control systems using consumable reagents being inadequately maintained in service. In addition, and if appropriate, measures shall be included to ensure that emissions of ammonia due to the use of consumable reagents are minimised.

Article 6

Tax incentives

1.   Member States may make provision for tax incentives only in respect of vehicles which comply with this Directive. Such incentives shall comply with the provisions of the Treaty, as well as with either paragraph 2 or paragraph 3 of this Article.

2.   The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply in advance with the limit values set out in row B1 or B2 of the Tables in section 6.2.1 of Annex I.

They shall be terminated with effect from the mandatory application of the row B1 emission limit values, as laid down in Article 2(6), or from the mandatory application of the row B2 emission limit values, as laid down in Article 2(8).

3.   The incentives shall apply to all new vehicles offered for sale on the market of a Member State which comply with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I.

4.   In addition to the conditions referred to in paragraph 1, for each type of vehicle, the incentives shall not exceed the additional cost of the technical solutions introduced to ensure compliance with the limit values set out in row B1 or row B2 or with the permissive limit values set out in row C of the Tables in section 6.2.1 of Annex I, and of their installation on the vehicle.

5.   The Member States shall inform the Commission in sufficient time of plans to institute or change the tax incentives referred to in this Article, so that it can submit its observations.

Article 7

Implementation measures and amendments

1.   The measures necessary for the implementation of
  Article 2(10),
  Articles 3 and 4 of this Directive shall be adopted by the Commission, assisted by the Committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

2.   Amendments to this Directive which are necessary to adapt it to scientific and tecnical progress shall be adopted by the Commission, assisted by the committee established by Article 13(1) of Directive 70/156/EEC, in accordance with the procedure referred to in Article 13(3) of that Directive.

Article 8

Review and reports

1.   The Commission shall review the need to introduce new emission limits applicable to heavy-duty vehicles and engines in respect of pollutants that are as yet unregulated. The review shall be based on the wider market introduction of new alternative fuels and on the introduction of new additive-enabled exhaust emission control systems to meet future standards laid down in this Directive. Where appropriate, the Commission shall submit a proposal to the European Parliament and the Council.

2.
     
  The Commission should submit to the European Parliament and the Council legislative proposals on further limits on NOx and particulate emissions for heavy-duty vehicles.

If appropriate, it shall investigate whether setting an additional limit for particulate levels and size is necessary, and, if so, include it in the proposals.

3.   The Commission shall report to the European Parliament and to the Council on the progress in negotiations for a world-wide harmonised duty cycle (WHDC).

4.   The Commission shall submit a report to the European Parliament and the Council on requirements for the operation of an on-board measurement (OBM) system. On the basis of that report, the Commission shall, where appropriate, submit a proposal for measures to include the technical specifications and corresponding annexes in order to provide for the type-approval of OBM systems which ensure at least equivalent levels of monitoring to OBD systems and which are compatible
  therewith.

Article 9

Transposition

1.   Member States shall adopt and publish, by ... (13) at the latest, the laws, regulations and administrative provisions necessary to comply
  this Directive. If the adoption of the implementing measures referred to in Article 7 is delayed beyond ... (14), Member States shall comply with this obligation by the transposition date provided in the Directive containing these implementing measures.
  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 from ... (13)

  or, if the adoption of the implementing measures referred to in Article 7 is delayed beyond ... (14), from the transposition date specified in the Directive containing these implementing measures
  .

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. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

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 10

Repeal

The Directives listed in Annex IX, Part A, are repealed with effect from ... (15), without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.

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 ..., ...

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 9 March 2004.

4

Position of the European Parliament of 9 March 2004.

(5)  OJ L 36, 9.2.1988, p. 33. Directive as last amended by the 2003 Act of Accession.

5

the 2003 Act of Accession

(6)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2004/3/EC of the European Parliament and the Council (OJ L 49, 19.2.2004, p. 36).

6

Directive 2004/3/EC of the European Parliament and the Council (OJ L 49, 19.2.2004, p. 36)

(7)  OJ L 295, 25.10.1991, p. 1.

7

(8)  OJ L 44, 16.2.2000, p. 1.

8

(9)  OJ L 107, 18.4.2001, p. 10.

9

(10)  COM(96) 248 final.

10

(11)  OJ L 76, 6.4.1970, p. 1. Directive as last amended by Commission Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).

11

2003/76/EC (OJ L 206, 15.8.2003, p. 29)

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

12

(13)  12 months after the entry into force of this Directive.

13

12 months after the entry into force of this Directive.

(14)  3 months after the date of adoption of this Directive.

14

(15)  The day after the date set out in the second subparagraph of Article 9(1).

15

The day after the date set out in the second subparagraph of Article 9(1).

ANNEX I

SCOPE, DEFINITIONS AND ABBREVIATIONS, APPLICATION FOR EC TYPE-APPROVAL, SPECIFICATIONS AND TESTS AND CONFORMITY OF PRODUCTION

1.   SCOPE

This Directive applies to the gaseous and particulate pollutants from all motor vehicles equipped with compression-ignition engines and to the gaseous pollutants from all motor vehicles equipped with positive ignition engines fuelled with natural gas or LPG, and to compressionignition and positive ignition engines as specified in Article 1 with the exception of those vehicles of category N1, N2 and M2 for which type-approval has been granted under Directive 70/220/EEC.

2.   DEFINITIONS AND ABBREVIATIONS

For the purposes of this Directive:

2.1.   ‘test cycle‧ means a sequence of test points each with a defined speed and torque to be followed by the engine under steady state (ESC test) or transient operating conditions (ETC, ELR test);

2.2.   ‘approval of an engine (engine family)‧ means the approval of an engine type (engine family) with regard to the level of the emission of gaseous and particulate pollutants;

2.3.   ‘diesel engine‧ means an engine which works on the compression-ignition principle;

‘gas engine‧ means an engine which is fuelled with natural gas (NG) or liquid petroleum gas (LPG);

2.4.   ‘engine type‧ means a category of engines which do not differ in such essential respects as engine characteristics as defined in Annex II to this Directive;

2.5.   ‘engine family‧ means a manufacturers grouping of engines which, through their design as defined in Annex II, Appendix 2 to this Directive, have similar exhaust emission characteristics; all members of the family must comply with the applicable emission limit values;

2.6.   ‘parent engine‧ means an engine selected from an engine family in such a way that its emissions characteristics will be representative for that engine family;

2.7.   ‘gaseous pollutants‧ means carbon monoxide, hydrocarbons (assuming a ratio of CH1,85 for diesel, CH2,525 for LPG and CH2,93 for NG (NMHC), and an assumed molecule CH3O0,5 for ethanol-fuelled diesel engines), methane (assuming a ratio of CH4 for NG) and oxides of nitrogen, the last named being expressed in nitrogen dioxide (NO2) equivalent;

‘particulate pollutants‧ means any material collected on a specified filter medium after diluting the exhaust with clean filtered air so that the temperature does not exceed 325 K (52 °C);

2.8.   ‘smoke‧ means particles suspended in the exhaust stream of a diesel engine which absorb, reflect, or refract light;

2.9.   ‘net power‧ means the power in EC kW obtained on the test bench at the end of the crankshaft, or its equivalent, measured in accordance with the EC method of measuring power as set out in Council Directive 80/1269/EEC (1), as last amended by Commission Directive 1999/99/EC (2)
  ;

2.10.   ‘declared maximum power (Pmax)‧ means the maximum power in EC kW (net power) as declared by the manufacturer in his application for type-approval;

2.11.   ‘per cent load‧ means the fraction of the maximum available torque at an engine speed;

2.12.   ‘ESC test‧ means a test cycle consisting of 13 steady state modes to be applied in accordance with section 6.2 of this Annex;

2.13.   ‘ELR test‧ means a test cycle consisting of a sequence of load steps at constant engine speeds to be applied in accordance with section 6.2 of this Annex;

2.14.   ‘ETC test‧ means a test cycle consisting of 1 800 second-by-second transient modes to be applied in accordance with section 6.2 of this Annex;

2.15.   ‘engine operating speed range‧ means the engine speed range, most frequently used during engine field operation, which lies between the low and high speeds, as set out in Annex III to this Directive;

2.16.   ‘low speed (nloo)‧ means the lowest engine speed where 50 % of the declared maximum power occurs;

2.17.   ‘high speed (nhi)‧ means the highest engine speed where 70 % of the declared maximum power occurs;

2.18.   ‘engine speeds A, B and C‧ means the test speeds within the engine operating speed range to be used for the ESC test and the ELR test, as set out in Annex III, Appendix 1 to this Directive;

2.19.   ‘control area‧ means the area between the engine speeds A and C and between 25 to 100 per cent load;

2.20.   ‘reference speed (nref)‧ means the 100 per cent speed value to be used for denormalising the relative speed values of the ETC test, as set out in Annex III, Appendix 2 to this Directive;

2.21.   ‘opacimeter‧ means an instrument designed to measure the opacity of smoke particles by means of the light extinction principle;

2.22.   ‘NG gas range‧ means one of the H or L range as defined in European Standard EN 437, dated November 1993;

2.23.   ‘self adaptability‧ means any engine device allowing the air/fuel ratio to be kept constant;

2.24.   ‘recalibration‧ means a fine tuning of an NG engine in order to provide the same performance (power, fuel consumption) in a different range of natural gas;

2.25.   ‘Wobbe Index (lower Wl; or upper Wu)‧ means the ratio of the corresponding calorific value of a gas per unit volume and the square root of its relative density under the same reference conditions:

Formula

2.26.   ‘λ-shift factor (Sλ)‧ means an expression that describes the required flexibility of the engine management system regarding a change of the excess-air ratio λ if the engine is fuelled with a gas composition different from pure methane (see Annex VII for the calculation of Sλ;

2.27.   ‘defeat device‧ means a device which measures, senses or responds to operating variables (e.g. vehicle speed, engine speed, gear used, temperature, intake pressure or any other parameter) for the purpose of activating, modulating, delaying or deactivating the operation of any component or function of the emission control system such that the effectiveness of the emission control system is reduced under conditions encountered during normal vehicle use unless the use of such a device is substantially included in the applied emission certification test procedures.

Such a device will not be regarded as a defeat device if:

| — | the need for the device is justified temporarily to protect the engine against intermittent operating conditions that could lead to damage or failure and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system; |
| --- | --- |

—

the need for the device is justified temporarily to protect the engine against intermittent operating conditions that could lead to damage or failure and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system;

| — | the device operates only when needed during engine starting and/or warming-up and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system. |
| --- | --- |

—

the device operates only when needed during engine starting and/or warming-up and no other measures are applicable for the same purpose which do not reduce the effectiveness of the emission control system.

Figure 1

Specific definitions of the test cycles

Image

2.28.   ‘auxiliary control device‧ means a system, function or control strategy installed to an engine or on a vehicle, that is used to protect the engine and/or its ancillary equipment against operating conditions that could result in damage or failure, or is used to facilitate engine starting. An auxiliary control device may also be a strategy or measure that has been satisfactorily demonstrated not to be a defeat device;

2.29.   ‘irrational emission control strategy‧ means any strategy or measure that, when the vehicle is operated under normal conditions of use, reduces the effectiveness of the emission control system to a level below that expected on the applicable emission test procedures.

2.30.   Symbols and abbreviations

2.30.1   Symbols for test parameters

| Symbol | Unit | Term |
| --- | --- | --- |
| AP | m2 | Cross sectional area of the isokinetic sampling probe |
| AT | m2 | Cross sectional area of the exhaust pipe |
| CEE | — | Ethane efficiency |
| CEM | — | Methane efficiency |
| C1 | — | Carbon 1 equivalent hydrocarbon |
| conc | ppm/vol. % | Subscript denoting concentration |
| D0 | m3/s | Intercept of PDP calibration function |
| DF | — | Dilution factor |
| D | — | Bessel function constant |
| E | — | Bessel function constant |
| EZ | g/kWh | Interpolated NOx emission of the control point |
| fa | — | Laboratory atmospheric factor |
| fc | s-1 | Bessel filter cut-off frequency |
| FFH | — | Fuel specific factor for the calculation of wet concentration for dry concentration |
| FS | — | Stoichiometric factor |
| GAIRW | kg/h | Intake air mass flow rate on wet basis |
| GAIRD | kg/h | Intake air mass flow rate on dry basis |
| GDILW | kg/h | Dilution air mass flow rate on wet basis |
| GEDFW | kg/h | Equivalent diluted exhaust gas mass flow rate on wet basis |
| GEXHW | kg/h | Exhaust gas mass flow rate on wet basis |
| GFUEL | kg/h | Fuel mass flow rate |
| GTOTW | kg/h | Diluted exhaust gas mass flow rate on wet basis |
| H | MJ/m3 | Calorific value |
| HREF | g/kg | Reference value of absolute humidity (10,71g/kg) |
| Ha | g/kg | Absolute humidity of the intake air |
| Hd | g/kg | Absolute humidity of the dilution air |
| HTCRAT | mol/mol | Hydrogen-to-Carbon ratio |
| i | — | Subscript denoting an individual mode |
| K | — | Bessel constant |
| k | m-1 | Light absorption coefficient |
| KH,D | — | Humidity correction factor for NOx for diesel engines |
| KH,G | — | Humidity correction factor for NOx for gas engines |
| KV | | CFVcalibration function |
| KW,a | — | Dry to wet correction factor for the intake air |
| KW,d | — | Dry to wet correction factor for the dilution air |
| KW,e | — | Dry to wet correction factor for the diluted exhaust gas |
| KW,r | — | Dry to wet correction factor for the raw exhaust gas |
| L | % | Percent torque related to the maximum torque for the test engine |
| La | m | Effective optical path length |
| m | | Slope of PDP calibration function |
| mass | g/h or g | Subscript denoting emissions mass flow (rate) |
| MDIL | kg | Mass of the dilution air sample passed through the particulate sampling filters |
| Md | mg | Particulate sample mass of the dilution air collected |
| Mf | mg | Particulate sample mass collected |
| Mf,p | mg | Particulate sample mass collected on primary filter |
| Mf,b | mg | Particulate sample mass collected on back-up filter |
| MSAM | | Mass of the diluted exhaust sample passed through the particulate sampling filters |
| MSEC | kg | Mass of secondary dilution air |
| MTOTW | kg | Total CVS mass over the cycle on wet basis |
| MTOTW,i | kg | Instantaneous CVS mass on wet basis |
| N | % | Opacity |
| NP | — | Total revolutions of PDP over the cycle |
| NP,i | — | Revolutions of PDP during a time interval |
| n | min-1 | Engine speed |
| np | s-1 | PDP speed |
| nhi | min-1 | High engine speed |
| nlo | min-1 | Low engine speed |
| nref | min-1 | Reference engine speed for ETC test |
| pa | kPa | Saturation vapour pressure of the engine intake air |
| pA | kPa | Absolute pressure |
| pB | kPa | Total atmospheric pressure |
| pd | kPa | Saturation vapour pressure of the dilution air |
| ps | kPa | Dry atmospheric pressure |
| p1 | kPa | Pressure depression at pump inlet |
| P(a) | kW | Power absorbed by auxiliaries to be fitted for test |
| P(b) | kW | Power absorbed by auxiliaries to be removed for test |
| P(n) | kW | Net power non-corrected |
| P(m) | kW | Power measured on test bed |
| Ω | — | Bessel constant |
| Qs | m3/s | CVS volume flow rate |
| q | — | Dilution ratio |
| r | — | Ratio of cross sectional areas of isokinetic probe and exhaust pipe |
| Ra | % | Relative humidity of the intake air |
| Rd | % | Relative humidity of the dilution air |
| Rf | — | FID response factor |
| ρ | kg/m3 | density |
| S | kW | Dynamometer setting |
| Si | m-1 | Instantaneous smoke value |
| Sλ | | λ-shift factor |
| T | K | Absolute temperature |
| Ta | K | Absolute temperature of the intake air |
| t | s | Measuring time |
| te | s | Electrical response time |
| tf | s | Filter response time for Bessel function |
| tp | s | Physical response time |
| Δt | s | Time interval between successive smoke data (= 1/sampling rate) |
| Δti | s | Time interval for instantaneous CFV flow |
| τ | % | Smoke transmittance |
| V0 | m3/rev | PDP volume flow rate at actual conditions |
| W | — | Wobbe index |
| Wact | kWh | Actual cycle work of ETC |
| Wref | kWh | Reference cycle work of ETC |
| WF | — | Weighting factor |
| WFE | — | Effective weighting factor |
| X0 | m3/rev | Calibration function of PDP volume flow rate |
| Yi | m-1 | 1 s Bessel averaged smoke value |

Symbol

Unit

Term

AP

m2

Cross sectional area of the isokinetic sampling probe

AT

m2

Cross sectional area of the exhaust pipe

CEE

—

Ethane efficiency

CEM

—

Methane efficiency

C1

—

Carbon 1 equivalent hydrocarbon

conc

ppm/vol. %

Subscript denoting concentration

D0

m3/s

Intercept of PDP calibration function

DF

—

Dilution factor

D

—

Bessel function constant

E

—

Bessel function constant

EZ

g/kWh

Interpolated NOx emission of the control point

fa

—

Laboratory atmospheric factor

fc

s-1

Bessel filter cut-off frequency

FFH

—

Fuel specific factor for the calculation of wet concentration for dry concentration

FS

—

Stoichiometric factor

GAIRW

kg/h

Intake air mass flow rate on wet basis

GAIRD

kg/h

Intake air mass flow rate on dry basis

GDILW

kg/h

Dilution air mass flow rate on wet basis

GEDFW

kg/h

Equivalent diluted exhaust gas mass flow rate on wet basis

GEXHW

kg/h

Exhaust gas mass flow rate on wet basis

GFUEL

kg/h

Fuel mass flow rate

GTOTW

kg/h

Diluted exhaust gas mass flow rate on wet basis

H

MJ/m3

Calorific value

HREF

g/kg

Reference value of absolute humidity (10,71g/kg)

Ha

g/kg

Absolute humidity of the intake air

Hd

g/kg

Absolute humidity of the dilution air

HTCRAT

mol/mol

Hydrogen-to-Carbon ratio

i

—

Subscript denoting an individual mode

K

—

Bessel constant

k

m-1

Light absorption coefficient

KH,D

—

Humidity correction factor for NOx for diesel engines

KH,G

—

Humidity correction factor for NOx for gas engines

KV

CFVcalibration function

KW,a

—

Dry to wet correction factor for the intake air

KW,d

—

Dry to wet correction factor for the dilution air

KW,e

—

Dry to wet correction factor for the diluted exhaust gas

KW,r

—

Dry to wet correction factor for the raw exhaust gas

L

%

Percent torque related to the maximum torque for the test engine

La

m

Effective optical path length

m

Slope of PDP calibration function

mass

g/h or g

Subscript denoting emissions mass flow (rate)

MDIL

kg

Mass of the dilution air sample passed through the particulate sampling filters

Md

mg

Particulate sample mass of the dilution air collected

Mf

mg

Particulate sample mass collected

Mf,p

mg

Particulate sample mass collected on primary filter

Mf,b

mg

Particulate sample mass collected on back-up filter

MSAM

Mass of the diluted exhaust sample passed through the particulate sampling filters

MSEC

kg

Mass of secondary dilution air

MTOTW

kg

Total CVS mass over the cycle on wet basis

MTOTW,i

kg

Instantaneous CVS mass on wet basis

N

%

Opacity

NP

—

Total revolutions of PDP over the cycle

NP,i

—

Revolutions of PDP during a time interval

n

min-1

Engine speed

np

s-1

PDP speed

nhi

min-1

High engine speed

nlo

min-1

Low engine speed

nref

min-1

Reference engine speed for ETC test

pa

kPa

Saturation vapour pressure of the engine intake air

pA

kPa

Absolute pressure

pB

kPa

Total atmospheric pressure

pd

kPa

Saturation vapour pressure of the dilution air

ps

kPa

Dry atmospheric pressure

p1

kPa

Pressure depression at pump inlet

P(a)

kW

Power absorbed by auxiliaries to be fitted for test

P(b)

kW

Power absorbed by auxiliaries to be removed for test

P(n)

kW

Net power non-corrected

P(m)

kW

Power measured on test bed

Ω

—

Bessel constant

Qs

m3/s

CVS volume flow rate

q

—

Dilution ratio

r

—

Ratio of cross sectional areas of isokinetic probe and exhaust pipe

Ra

%

Relative humidity of the intake air

Rd

%

Relative humidity of the dilution air

Rf

—

FID response factor

ρ

kg/m3

density

S

kW

Dynamometer setting

Si

m-1

Instantaneous smoke value

Sλ

λ-shift factor

T

K

Absolute temperature

Ta

K

Absolute temperature of the intake air

t

s

Measuring time

te

s

Electrical response time

tf

s

Filter response time for Bessel function

tp

s

Physical response time

Δt

s

Time interval between successive smoke data (= 1/sampling rate)

Δti

s

Time interval for instantaneous CFV flow

τ

%

Smoke transmittance

V0

m3/rev

PDP volume flow rate at actual conditions

W

—

Wobbe index

Wact

kWh

Actual cycle work of ETC

Wref

kWh

Reference cycle work of ETC

WF

—

Weighting factor

WFE

—

Effective weighting factor

X0

m3/rev

Calibration function of PDP volume flow rate

Yi

m-1

1 s Bessel averaged smoke value

2.30.2.   Symbols for chemical components

| CH4 | Methane |
| --- | --- |
| C2H6 | Ethane |
| C2H5OH | Ethanol |
| C3H8 | Propane |
| CO | Carbon monoxide |
| DOP | Di-octylphtalate |
| CO2 | Carbon dioxide |
| HC | Hydrocarbons |
| NMHC | Non-methane hydrocarbons |
| NOx | Oxides of nitrogen |
| NO | Nitric oxide |
| NO2 | Nitrogen dioxide |
| PT | Particulates. |

CH4

Methane

C2H6

Ethane

C2H5OH

Ethanol

C3H8

Propane

CO

Carbon monoxide

DOP

Di-octylphtalate

CO2

Carbon dioxide

HC

Hydrocarbons

NMHC

Non-methane hydrocarbons

NOx

Oxides of nitrogen

NO

Nitric oxide

NO2

Nitrogen dioxide

PT

Particulates.

2.30.3.   Abbreviations

| CFV | Critical flow venturi |
| --- | --- |
| CLD | Chemiluminescent detector |
| ELR | European load response test |
| ESC | European steady state cycle |
| ETC | European transient cycle |
| FID | Flame ionisation detector |
| GC | Gas chromatograph |
| HCLD | Heated chemiluminescent detector |
| HFID | Heated flame ionisation detector |
| LPG | Liquefied petroleum gas |
| NDIR | Non-dispersive infrared analyser |
| NG | Natural gas |
| NMC | Non-methane cutter |

CFV

Critical flow venturi

CLD

Chemiluminescent detector

ELR

European load response test

ESC

European steady state cycle

ETC

European transient cycle

FID

Flame ionisation detector

GC

Gas chromatograph

HCLD

Heated chemiluminescent detector

HFID

Heated flame ionisation detector

LPG

Liquefied petroleum gas

NDIR

Non-dispersive infrared analyser

NG

Natural gas

NMC

Non-methane cutter

3.   APPLICATION FOR EC TYPE-APPROVAL

3.1.   Application for EC Type-Approval for a Type of Engine or Engine Family as a Separate Technical Unit

3.1.1.   The application for approval of an engine type or engine family with regard to the level of the emission of gaseous and particulate pollutants for diesel engines and with regard to the level of the emission of gaseous pollutants for gas engines shall be submitted by the engine manufacturer or by a duly accredited representative.

3.1.2.   It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

3.1.2.1.   A description of the engine type or engine family, if applicable, comprising the particulars referred to in Annex II to this Directive which conform to the requirements of Articles 3 and 4 of Directive 70/156/EEC.

3.1.3.   An engine conforming to the ‘engine type‧ or ‘parent engine‧ characteristics described in Annex II shall be submitted to the technical service responsible for conducting the approval tests defined in section 6.

3.2.   Application for EC Type-Approval for a Vehicle Type in Respect of its Engine

3.2.1.   The application for approval of a vehicle with regard to emission of gaseous and particulate pollutants by its diesel engine or engine family and with regard to the level of the emission of gaseous pollutants by its gas engine or engine family shall be submitted by the vehicle manufacturer or a duly accredited representative.

3.2.2.   It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

3.2.2.1.   A description of the vehicle type, of the engine-related vehicle parts and of the engine type or engine family, if applicable, comprising the particulars referred to in Annex II, along with the documentation required in application of Article 3 of Directive 70/156/EEC,

3.3.   Application for EC Type-Approval for a Vehicle Type with an Approved Engine

3.3.1.   The application for approval of a vehicle with regard to emission of gaseous and particulate pollutants by its approved diesel engine or engine family and with regard to the level of the emission of gaseous pollutants by its approved gas engine or engine family shall be submitted by the vehicle manufacturer or a duly accredited representative.

3.3.2.   It shall be accompanied by the undermentioned documents in triplicate and the following particulars:

3.3.2.1.   a description of the vehicle type and of engine-related vehicle parts comprising the particulars referred to in Annex II, as applicable, and a copy of the EC Type-Approval Certificate (Annex VI) for the engine or engine family, if applicable, as a separate technical unit which is installed in the vehicle type, along with the documentation required in application of Article 3 of Directive 70/156/EEC.

4.   EC TYPE-APPROVAL

4.1.   Granting of a universal fuel EC type-approval

A universal fuel EC type-approval is granted subject to the following requirements.

4.1.1.   In the case of diesel fuel the parent engine meets the requirements of this Directive on the reference fuel specified in Annex IV.

4.1.2.   In the case of natural gas the parent engine should demonstrate its capability to adapt to any fuel composition that may occur across the market. In the case of natural gas there are generally two types of fuel, high calorific fuel (H-gas) and low calorific fuel (L-gas), but with a significant spread within both ranges; they differ significantly in their energy content expressed by the Wobbe Index and in their λ-shift factor (Sλ). The formulae for the calculation of the Wobbe index and Sλ are given in sections 2.25 and 2.26. Natural gases with a λ-shift factor between 0,89 and 1,08 (0,89 ≤ Sλ ≤ 1,08) are considered to belong to H-range, while natural gases with a λ-shift factor between 1,08 and 1,19 (1,08 ≤ Sλ ≤ 1,19) are considered to belong to L-range. The composition of the reference fuels reflects the extreme variations of Sλ.

The parent engine shall meet the requirements of this Directive on the reference fuels GR (fuel 1) and G25 (fuel 2), as specified in Annex IV, without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing, the parent engine shall be run-in using the procedure given in paragraph 3 of Appendix 2 to Annex III.

4.1.2.1.   On the manufacturer's request the engine may be tested on a third fuel (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

4.1.3.   In the case of an engine fuelled with natural gas which is self-adaptive for the range of H-gases on the one hand and the range of L-gases on the other hand, and which switches between the H-range and the L-range by means of a switch, the parent engine shall be tested on the relevant reference fuel as specified in Annex IV for each range, at each position of the switch. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Directive at both positions of the switch without any readjustment to the fuelling between the two tests at each position of the switch. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing the parent engine shall be run-in using the procedure given in paragraph 3 of Appendix 2 to Annex III.

4.1.3.1.   At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

4.1.4.   In the case of natural gas engines, the ratio of the emission results ‘r‧ shall be determined for each pollutant as follows:

Formula

or,

Formula

and,

Formula

4.1.5.   In the case of LPG the parent engine should demonstrate its capability to adapt to any fuel composition that may occur across the market. In the case of LPG there are variations in C3/C4 composition. These variations are reflected in the reference fuels. The parent engine should meet the emission requirements on the reference fuels A and B as specified in Annex IV without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing, the parent engine shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

4.1.5.1.   The ratio of emission results ‘r‧ shall be determined for each pollutant as follows:

Formula

4.2.   Granting of a fuel range restricted EC type-approval

Fuel range restricted EC type-approval is granted subject to the following requirements.

4.2.1.   Exhaust emissions approval of an engine running on natural gas and laid out for operation on either the range of H-gases or on the range of L-gases

The parent engine shall be tested on the relevant reference fuel, as specified in Annex IV, for the relevant range. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Directive without any readjustment to the fuelling between the two tests. However, one adaptation run over one ETC cycle without measurement is permitted after the change of the fuel. Before testing the parent engine shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

4.2.1.1.   At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (i.e. the lower range of GR) and 1,19 (i.e. the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

4.2.1.2.   The ratio of emission results ‘r‧ shall be determined for each pollutant as follows:

Formula

or,

Formula

and,

Formula

4.2.1.3.   On delivery to the customer the engine shall bear a label (see paragraph 5.1.5) stating for which range of gases the engine is approved.

4.2.2.   Exhaust emissions approval of an engine running on natural gas or LPG and laid out for operation on one specific fuel composition

4.2.2.1.   The parent engine shall meet the emission requirements on the reference fuels GR and G25 in the case of natural gas, or the reference fuels A and B in the case of LPG, as specified in Annex IV. Between the tests fine-tuning of the fuelling system is allowed. This fine-tuning will consist of a recalibration of the fuelling database, without any alteration to either the basic control strategy or the basic structure of the database. If necessary the exchange of parts that are directly related to the amount of fuel flow (such as injector nozzles) is allowed.

4.2.2.2.   At the manufacturer's request the engine may be tested on the reference fuels GR and G23, or on the reference fuels G25 and G23, in which case the type-approval is only valid for the H-range or the L-range of gases respectively.

4.2.2.3.   On delivery to the customer the engine shall bear a label (see paragraph 5.1.5) stating for which fuel composition the engine has been calibrated.

4.3.   Exhaust emissions approval of a member of a family

4.3.1.   With the exception of the case mentioned in paragraph 4.3.2, the approval of a parent engine shall be extended to all family members without further testing, for any fuel composition within the range for which the parent engine has been approved (in the case of engines described in paragraph 4.2.2) or the same range of fuels (in the case of engines described in either paragraphs 4.1 or 4.2) for which the parent engine has been approved.

4.3.2.   Secondary test engine

In case of an application for type-approval of an engine, or a vehicle in respect of its engine, that engine belonging to an engine family, if the technical service determines that, with regard to the selected parent engine the submitted application does not fully represent the engine family defined in Annex I, Apppendix 1, an alternative and if necessary an additional reference test engine may be selected by the technical service and tested.

4.4.   Type-approval certificate

A certificate conforming to the model specified in Annex VI shall be issued for approval referred to under sections 3.1, 3.2 and 3.3.

5.   ENGINE MARKINGS

5.1.   The engine approved as a technical unit must bear:

5.1.1.   the trademark or trade name of the manufacturer of the engine;

5.1.2.   the manufacturer's commercial description;

5.1.3.   the EC type-approval number preceded by the distinctive letter(s) or number(s) of the country granting EC type-approval (3);

5.1.4.   in case of an NG engine one of the following markings to be placed after the EC type approval number:

| — | H in case of the engine being approved and calibrated for the H-range of gases; |
| --- | --- |

—

H in case of the engine being approved and calibrated for the H-range of gases;

| — | L in case of the engine being approved and calibrated for the L-range of gases; |
| --- | --- |

—

L in case of the engine being approved and calibrated for the L-range of gases;

| — | HL in case of the engine being approved and calibrated for both the H-range and L-range of gases; |
| --- | --- |

—

HL in case of the engine being approved and calibrated for both the H-range and L-range of gases;

| — | Ht in case of the engine being approved and calibrated for a specific gas composition in the H-range of gases and transformable to another specific gas in the H-range of gases by fine tuning of the engine fuelling; |
| --- | --- |

—

Ht in case of the engine being approved and calibrated for a specific gas composition in the H-range of gases and transformable to another specific gas in the H-range of gases by fine tuning of the engine fuelling;

| — | Lt in case of the engine being approved and calibrated for a specific gas composition in the L-range of gases and transformable to another specific gas in the L-range of gases after fine tuning of the engine fuelling; |
| --- | --- |

—

Lt in case of the engine being approved and calibrated for a specific gas composition in the L-range of gases and transformable to another specific gas in the L-range of gases after fine tuning of the engine fuelling;

| — | HLt in the case of the engine being approved and calibrated for a specific gas composition in either the H-range or the L-range of gases and transformable to another specific gas in either the H-range or the L-range of gases by fine tuning of the engine fuelling. |
| --- | --- |

—

HLt in the case of the engine being approved and calibrated for a specific gas composition in either the H-range or the L-range of gases and transformable to another specific gas in either the H-range or the L-range of gases by fine tuning of the engine fuelling.

5.1.5.   Labels

In the case of NG and LPG fuelled engines with a fuel range restricted type approval, the following labels are applicable:

5.1.5.1.   Content

The following information must be given:

In the case of paragraph 4.2.1.3, the label shall state ‘ONLY FOR USE WITH NATURAL GAS RANGE H‧. If applicable, ‘H‧ is replaced by ‘L‧.

In the case of paragraph 4.2.2.3, the label shall state ‘ONLY FOR USE WITH NATURAL GAS SPECIFICATION . . .‧ or ‘ONLY FOR USE WITH LIQUEFIED PETROLEUM GAS SPECIFICATION . . .‧, as applicable. All the information in the appropriate table(s) in Annex IV shall be given with the individual constituents and limits specified by the engine manufacturer.

The letters and figures must be at least 4 mm in height.

Note:

If lack of space prevents such labelling, a simplified code may be used. In this event, explanatory notes containing all the above information must be easily accessible to any person filling the fuel tank or performing maintenance or repair on the engine and its accessories, as well as to the authorities concerned. The site and content of these explanatory notes will be determined by agreement between the manufacturer and the approval authority.

5.1.5.2.   Properties

Labels must be durable for the useful life of the engine. Labels must be clearly legible and their letters and figures must be indelible. Additionally, labels must be attached in such a manner that their fixing is durable for the useful life of the engine, and the labels cannot be removed without destroying or defacing them.

5.1.5.3.   Placing

Labels must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during engine life. Additionally, these labels must be located so as to be readily visible to the average person after the engine has been completed with all the auxiliaries necessary for engine operation.

5.2.   In case of an application for EC type-approval for a vehicle type in respect of its engine, the marking specified in section 5.1.5 shall also be placed close to fuel filling aperture.

5.3.   In case of an application for EC type-approval for a vehicle type with an approved engine, the marking specified in section 5.1.5 shall also be placed close to the fuel filling aperture.

6.   SPECIFICATIONS AND TESTS

6.1.   General

6.1.1.   Emission control equipment

6.1.1.1.   The components liable to affect the emission of gaseous and particulate pollutants from diesel engines and the emission of gaseous pollutants from gas engines shall be so designed, constructed, assembled and installed as to enable the engine, in normal use, to comply with the provisions of this Directive.

6.1.2.   Functions of emission control equipment

6.1.2.1.   The use of a defeat device and/or an irrational emission control strategy is forbidden.

6.1.2.2.   An auxiliary control device may be installed to an engine, or on a vehicle, provided that the device:

| — | operates only outside the conditions specified in paragraph 6.1.2.4, or |
| --- | --- |

—

operates only outside the conditions specified in paragraph 6.1.2.4, or

| — | is activated only temporarily under the conditions specified in paragraph 6.1.2.4 for such purposes as engine damage protection, air-handling device protection (4), smoke management (4), cold start or warming-up, or |
| --- | --- |

—

is activated only temporarily under the conditions specified in paragraph 6.1.2.4 for such purposes as engine damage protection, air-handling device protection (4), smoke management (4), cold start or warming-up, or

| — | is activated only by on-board signals for purposes such as operational safety and limphome strategies. |
| --- | --- |

—

is activated only by on-board signals for purposes such as operational safety and limphome strategies.

6.1.2.3.   An engine control device, function, system or measure that operates during the conditions specified in section 6.1.2.4 and which results in the use of a different or modified engine control strategy to that normally employed during the applicable emission test cycles will be permitted if, in complying with the requirements of sections 6.1.3 and/or 6.1.4, it is fully demonstrated that the measure does not reduce the effectiveness of the emission control system. In all other cases, such devices shall be considered to be a defeat device.

6.1.2.4.   For the purposes of point 6.1.2.2, the defined conditions of use under steady state and transient conditions (4) are:

| — | an altitude not exceeding 1 000 metres (or equivalent atmospheric pressure of 90 kPa), |
| --- | --- |

—

an altitude not exceeding 1 000 metres (or equivalent atmospheric pressure of 90 kPa),

| — | an ambient temperature within the range 283 to 303 K (10 to 30 °C), |
| --- | --- |

—

an ambient temperature within the range 283 to 303 K (10 to 30 °C),

| — | engine coolant temperature within the range 343 to 368 K (70 to 95 °C). |
| --- | --- |

—

engine coolant temperature within the range 343 to 368 K (70 to 95 °C).

6.1.3.   Special requirements for electronic emission control systems

6.1.3.1.   Documentation requirements

The manufacturer shall provide a documentation package that gives access to the basic design of the system and the means by which it controls its output variables, whether that control is direct or indirect.

The documentation shall be made available in two parts:

| (a) | the formal documentation package, which shall be supplied to the technical service at the time of submission of the type-approval application, shall include a full description of the system. This documentation may be brief, provided that it exhibits evidence that all outputs permitted by a matrix obtained from the range of control of the individual unit inputs have been indentified. This information shall be attached to the documentation required in Annex I, section 3; |
| --- | --- |

(a)

the formal documentation package, which shall be supplied to the technical service at the time of submission of the type-approval application, shall include a full description of the system. This documentation may be brief, provided that it exhibits evidence that all outputs permitted by a matrix obtained from the range of control of the individual unit inputs have been indentified. This information shall be attached to the documentation required in Annex I, section 3;

| (b) | additional material that shows the parameters that are modified by any auxiliary control device and the boundary conditions under which the device operates. The additional material shall include a description of the fuel system control logic, timing strategies and switch points during all modes of operation. |
| --- | --- |

(b)

additional material that shows the parameters that are modified by any auxiliary control device and the boundary conditions under which the device operates. The additional material shall include a description of the fuel system control logic, timing strategies and switch points during all modes of operation.

The additional material shall also contain a justification for the use of any auxiliary control device and include additional material and test data to demonstrate the effect on exhaust emissions of any auxiliary control device installed to the engine or on the vehicle.

This additional material shall remain strictly confidential and be retained by the manufacturer, but be made open for inspection at the time of type-approval or at any time during the validity of the type-approval.

6.1.4.   To verify whether any strategy or measure should be considered a defeat device or an irrational emission control strategy according to the definitions given in sections 2.28 and 2.30, the type-approval authority and/or the technical service may additionally request a NOx screening test using the ETC which may be carried out in combination with either the type-approval test or the procedures for checking the conformity of production

6.1.4.1.   As an alternative to the requirements of Appendix 4 to Annex III to Directive 88/77/EEC, the emissions of NOx during the ETC screening test may be sampled using the raw exhaust gas and the technical prescriptions of ISO DIS 16183, dated 15 October 2000, shall be followed.

6.1.4.2.   In verifying whether any strategy or measure should be considered a defeat device or an irrational emission control strategy according to the definitions given in sections 2.28 and 2.30, an additional margin of 10 %, related to the appropriate NOx limit value, shall be accepted.

6.1.5.   Transitional provisions for extension of type-approval

6.1.5.1.   This section shall only be applicable to new compression-ignition engines and new vehicles propelled by a compression-ignition engine that have been type-approved to the requirements of row A of the tables in section 6.2.1 of Annex I to Directive 88/77/EEC.

6.1.5.2.   As an alternative to sections 6.1.3 and 6.1.4, the manufacturer may present to the technical service the results of a NOx screening test using the ETC on the engine conforming to the characteristics of the parent engine described in Annex II, and taking into account the provisions of sections 6.1.4.1 and 6.1.4.2. The manufacturer shall also provide a written statement that the engine does not employ any defeat device or irrational emission control strategy as defined in section 2 of this Annex.

6.1.5.3.   The manufacturer shall also provide a written statement that the results of the NOx screening test and the declaration for the parent engine, as referred to in section 6.1.4, are also applicable to all engine types within the engine family described in Annex II.

6.2.   Specifications Concerning the Emission of Gaseous and Particulate Pollutants and Smoke

For type approval to row A of the tables in section 6.2.1, the emissions shall be determined on the ESC and ELR tests with conventional diesel engines including those fitted with electronic fuel injection equipment, exhaust gas recirculation (EGR), and/or oxidation catalysts. Diesel engines fitted with advanced exhaust aftertreatment systems including the NOx catalysts and/or particulate traps, shall additionally be tested on the ETC test.

For type approval testing to either row B1 or B2 or row C of the tables in section 6.2.1 the emissions shall be determined on the ESC, ELR and ETC tests.

For gas engines, the gaseous emissions shall be determined on the ETC test.

The ESC and ELR test procedures are described in Annex III, Appendix 1, the ETC test procedure in Annex III, Appendices 2 and 3.

The emissions of gaseous pollutants and particulate pollutants, if applicable, and smoke, if applicable, by the engine submitted for testing shall be measured by the methods described in Annex III, Appendix 4. Annex V describes the recommended analytical systems for the gaseous pollutants, the recommended particulate sampling systems, and the recommended smoke measurement system.

Other systems or analysers may be approved by the Technical Service if it is found that they yield equivalent results on the respective test cycle. The determination of system equivalency shall be based upon a 7 sample pair (or larger) correlation study between the system under consideration and one of the reference systems of this Directive. For particulate emissions only the full flow dilution system is recognised as the reference system. ‘Results‧ refer to the specific cycle emissions value. The correlation testing shall be performed at the same laboratory, test cell, and on the same engine, and is preferred to be run concurrently. The equivalency criterion is defined as a ± 5 % agreement of the sample pair averages. For introduction of a new system into the Directive the determination of equivalency shall be based upon the calculation of repeatability and reproducibility, as described in ISO 5725.

6.2.1.   Limit Values

The specific mass of the carbon monoxide, of the total hydrocarbons, of the oxides of nitrogen and of the particulates, as determined on the ESC test, and of the smoke opacity, as determined on the ELR test, shall not exceed the amounts shown in Table 1.

Table 1

Limit values — ESC and ELR tests

| Row | 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 | Smoke m-1 |
| --- | --- | --- | --- | --- | --- |
| A (2000) | 2,1 | 0,66 | 5,0 | 0,10 | 0,13 (5) | 0,8 |
| B 1 (2005) | 1,5 | 0,46 | 3,5 | 0,02 | 0,5 |
| B 2 (2008) | 1,5 | 0,46 | 2,0 | 0,02 | 0,5 |
| C (EEV) | 1,5 | 0,25 | 2,0 | 0,02 | 0,15 |

Row

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

Smoke m-1

A (2000)

2,1

0,66

5,0

0,10

0,13 (5)

0,8

B 1 (2005)

1,5

0,46

3,5

0,02

0,5

B 2 (2008)

1,5

0,46

2,0

0,02

0,5

C (EEV)

1,5

0,25

2,0

0,02

0,15

For diesel engines that are additionally tested on the ETC test, and specifically for gas engines, the specific masses of the carbon monoxide, of the non-methane hydrocarbons, of the methane (where applicable), of the oxides of nitrogen and of the particulates (where applicable) shall not exceed the amounts shown in Table 2.

Table 2

Limit values — ETC tests

| Row | Mass of carbon monoxide (CO) g/kWh | Mass of nonmethane hydrocarbons (NMHC) g/kWh | Mass of methane (CH4) (6) g/kWh | Mass of nitrogen oxides (NOx) g/kWh | Mass of particulates (PT) (7) g/kWh |
| --- | --- | --- | --- | --- | --- |
| A (2000) | 5,45 | 0,78 | 1,6 | 5,0 | 0,16 | 0,21 (8) |
| B 1 (2005) | 4,0 | 0,55 | 1,1 | 3,5 | 0,03 |
| B 2 (2008) | 4,0 | 0,55 | 1,1 | 2,0 | 0,03 |
| C (EEV) | 3,0 | 0,40 | 0,65 | 2,0 | 0,02 |

Row

Mass of carbon monoxide (CO) g/kWh

Mass of nonmethane hydrocarbons (NMHC) g/kWh

Mass of methane (CH4) (6) g/kWh

Mass of nitrogen oxides (NOx) g/kWh

Mass of particulates (PT) (7) g/kWh

A (2000)

5,45

0,78

1,6

5,0

0,16

0,21 (8)

B 1 (2005)

4,0

0,55

1,1

3,5

0,03

B 2 (2008)

4,0

0,55

1,1

2,0

0,03

C (EEV)

3,0

0,40

0,65

2,0

0,02

6.2.2.   Hydrocarbon measurement for diesel and gas fuelled engines

6.2.2.1.   A manufacturer may choose to measure the mass of total hydrocarbons (THC) on the ETC test instead of measuring the mass of non-methane hydrocarbons. In this case, the limit for the mass of total hydrocarbons is the same as shown in table 2 for the mass of non-methane hydrocarbons.

6.2.3.   Specific requirements for diesel engines

6.2.3.1.   The specific mass of the oxides of nitrogen measured at the random check points within the control area of the ESC test must not exceed by more than 10 per cent the values interpolated from the adjacent test modes (reference Annex III, Appendix 1 sections 4.6.2 and 4.6.3).

6.2.3.2.   The smoke value on the random test speed of the ELR must not exceed the highest smoke value of the two adjacent test speeds by more than 20 per cent, or by more than 5 per cent of the limit value, whichever is greater.

7.   INSTALLATION ON THE VEHICLE

7.1.   The engine installation on the vehicle shall comply with the following characteristics in respect to the type-approval of the engine:

7.1.1.   intake depression shall not exceed that specified for the type-approved engine in Annex VI;

7.1.2.   exhaust back pressure shall not exceed that specified for the type-approved engine in Annex VI;

7.1.3.   power absorbed by the auxiliaries needed for operating the engine shall not exceed that specified for the type-approved engine in Annex VI;

8.   ENGINE FAMILY

8.1.   Parameters defining the engine family

The engine family, as determined by the engine manufacturer, may be defined by basic characteristics which must be common to engines within the family. In some cases there may be interaction of parameters. These effects must also be taken into consideration to ensure that only engines with similar exhaust emission characteristics are included within an engine family.

In order that engines may be considered to belong to the same engine family, the following list of basic parameters must be common:

8.1.1.   Combustion cycle:

| — | 2 cycle |
| --- | --- |

—

2 cycle

| — | 4 cycle |
| --- | --- |

—

4 cycle

8.1.2.   Cooling medium:

| — | air |
| --- | --- |

—

air

| — | water |
| --- | --- |

—

water

| — | oil |
| --- | --- |

—

oil

8.1.3.   For gas engines and engines with aftertreatment

| — | Number of cylinders |
| --- | --- |

—

Number of cylinders

(other diesel engines with fewer cylinders than the parent engine may be considered to belong to the same engine family provided the fuelling system meters fuel for each individual cylinder).

8.1.4.   Individual cylinder displacement:

| — | engines to be within a total spread of 15 % |
| --- | --- |

—

engines to be within a total spread of 15 %

8.1.5.   Method of air aspiration:

| — | naturally aspirated |
| --- | --- |

—

naturally aspirated

| — | pressure charged |
| --- | --- |

—

pressure charged

| — | pressure charged with charge air cooler |
| --- | --- |

—

pressure charged with charge air cooler

8.1.6.   Combustion chamber type/design:

| — | pre-chamber |
| --- | --- |

—

pre-chamber

| — | swirl chamber |
| --- | --- |

—

swirl chamber

| — | open chamber |
| --- | --- |

—

open chamber

8.1.7.   Valve and porting — configuration, size and number:

| — | cylinder head |
| --- | --- |

—

cylinder head

| — | cylinder wall |
| --- | --- |

—

cylinder wall

| — | crankcase |
| --- | --- |

—

crankcase

8.1.8.   Fuel injection system (diesel engines):

| — | pump-line-injector |
| --- | --- |

—

pump-line-injector

| — | in-line pump |
| --- | --- |

—

in-line pump

| — | distributor pump |
| --- | --- |

—

distributor pump

| — | single element |
| --- | --- |

—

single element

| — | unit injector |
| --- | --- |

—

unit injector

8.1.9.   Fuelling system (gas engines):

| — | mixing unit |
| --- | --- |

—

mixing unit

| — | gas induction/injection (single point, multi-point) |
| --- | --- |

—

gas induction/injection (single point, multi-point)

| — | liquid injection (single point, multi-point). |
| --- | --- |

—

liquid injection (single point, multi-point).

8.1.10.   Ignition system (gas engines)

8.1.11.   Miscellaneous features:

| — | exhaust gas recirculation |
| --- | --- |

—

exhaust gas recirculation

| — | water injection/emulsion |
| --- | --- |

—

water injection/emulsion

| — | secondary air injection |
| --- | --- |

—

secondary air injection

| — | charge cooling system |
| --- | --- |

—

charge cooling system

8.1.12.   Exhaust aftertreatment:

| — | 3-way-catalyst |
| --- | --- |

—

3-way-catalyst

| — | oxidation catalyst |
| --- | --- |

—

oxidation catalyst

| — | reduction catalyst |
| --- | --- |

—

reduction catalyst

| — | thermal reactor |
| --- | --- |

—

thermal reactor

| — | particulate trap |
| --- | --- |

—

particulate trap

8.2.   Choice of the Parent Engine

8.2.1.   Diesel Engines

The parent engine of the family shall be selected using the primary criteria of the highest fuel delivery per stroke at the declared maximum torque speed. In the event that two or more engines share this primary criteria, the parent engine shall be selected using the secondary criteria of highest fuel delivery per stroke at rated speed. Under certain circumstances, the approval authority may conclude that the worst case emission rate of the family can best be characterised by testing a second engine. Thus, the approval authority may select an additional engine for test based upon features which indicate that it may have the highest emission level of the engines within that family.

If engines within the family incorporate other variable features which could be considered to affect exhaust emissions, these features shall also be identified and taken into account in the selection of the parent engine.

8.2.2.   Gas Engines

The parent engine of the family shall be selected using the primary criteria of the largest displacement. In the event that two or more engines share this primary criteria, the parent engine shall be selected using the secondary criteria in the following order:

| — | the highest fuel delivery per stroke at the speed of declared rated power; |
| --- | --- |

—

the highest fuel delivery per stroke at the speed of declared rated power;

| — | the most advanced spark timing; |
| --- | --- |

—

the most advanced spark timing;

| — | the lowest EGR rate; |
| --- | --- |

—

the lowest EGR rate;

| — | no air pump or lowest actual air flow pump. |
| --- | --- |

—

no air pump or lowest actual air flow pump.

Under certain circumstances, the approval authority may conclude that the worst case emission rate of the family can best be characterised by testing a second engine. Thus, the approval authority may select an additional engine for test based upon features which indicate that it may have the highest emission level of the engines within that family.

9.   PRODUCTION CONFORMITY

9.1.   Measures to ensure production conformity must be taken in accordance with the provisions of Article 10 of Directive 70/156/EEC. Production conformity is checked on the basis of the description in the type-approval certificates set out in Annex VI to this Directive.

Sections 2.4.2 and 2.4.3 of Annex X to Directive 70/156/EEC are applicable where the competent authorities are not satisfied with the auditing procedure of the manufacturer.

9.1.1.   If emissions of pollutants are to be measured and an engine type-approval has had one or several extensions, the tests will be carried out on the engine(s) described in the information package relating to the relevant extension.

9.1.1.1.   Conformity of the engine subjected to a pollutant test:

After submission of the engine to the authorities, the manufacturer shall not carry out any adjustment to the engines selected.

9.1.1.1.1.   Three engines are randomly taken in the series. Engines that are subject to testing only on the ESC and ELR tests or only on the ETC test for type approval to row A of the tables in section 6.2.1 are subject to those applicable tests for the checking of production conformity. With the agreement of the authority, all other engines type approved to row A, B1 or B2, or C of the tables in section 6.2.1 are subjected to testing either on the ESC and ELR cycles or on the ETC cycle for the checking of the production conformity. The limit values are given in section 6.2.1 of this Annex.

9.1.1.1.2.   The tests are carried out according to Appendix 1 to this Annex, where the competent authority is satisfied with the production standard deviation given by the manufacturer, in accordance with Annex X to Directive 70/156/EEC, which applies to motor vehicles and their trailers.

The tests are carried out according to Appendix 2 to this Annex, where the competent authority is not satisfied with the production standard deviation given by the manufacturer, in accordance with Annex X to Directive 70/156/EEC, which applies to motor vehicles and their trailers.

At the manufacturer's request, the tests may be carried out in accordance with Appendix 3 to this Annex.

9.1.1.1.3.   On the basis of a test of the engine by sampling, the production of a series is regarded as conforming where a pass decision is reached for all the pollutants and non conforming where a fail decision is reached for one pollutant, in accordance with the test criteria applied in the appropriate Appendix.

When a pass decision has been reached for one pollutant, this decision may not be changed by any additional tests made in order to reach a decision for the other pollutants.

If no pass decision is reached for all the pollutants and if no fail decision is reached for one pollutant, a test is carried out on another engine (see Figure 2).

If no decision is reached, the manufacturer may at any time decide to stop testing. In that case a fail decision is recorded.

9.1.1.2.   The tests will be carried out on newly manufactured engines. Gas fuelled engines shall be run-in using the procedure defined in paragraph 3 of Appendix 2 to Annex III.

9.1.1.2.1.   However, at the request of the manufacturer, the tests may be carried out on diesel or gas engines which have been run-in more than the period referred to in section 9.1.1.2, up to a maximum of 100 hours. In this case, the running-in procedure will be conducted by the manufacturer who shall undertake not to make any adjustments to those engines.

9.1.1.2.2.   When the manufacturer asks to conduct a running-in procedure in accordance with section 9.1.1.2.1, it may be carried out on:

| — | all the engines that are tested, |
| --- | --- |

—

all the engines that are tested,

or,

| — | the first engine tested, with the determination of an evolution coefficient as follows:






  — | the pollutant emissions will be measured at zero and at ‘x‧ hours on the first engine tested, |
| --- | --- | --- |

—

the first engine tested, with the determination of an evolution coefficient as follows:

—

the pollutant emissions will be measured at zero and at ‘x‧ hours on the first engine tested,

| — | the evolution coefficient of the emissions between zero and ‘x‧ hours will be calculated for each pollutant:
  Emissions ‘x‧ hours/Emissions zero hours
  It may be less than one. |
| --- | --- |

—

the evolution coefficient of the emissions between zero and ‘x‧ hours will be calculated for each pollutant:

Emissions ‘x‧ hours/Emissions zero hours

It may be less than one.

The subsequent test engines will not be subjected to the running-in procedure, but their zero hour emissions will be modified by the evolution coefficient.

In this case, the values to be taken will be:

| — | the values at ‘x‧ hours for the first engine, |
| --- | --- |

—

the values at ‘x‧ hours for the first engine,

| — | the values at zero hour multiplied by the evolution coefficient for the other engines. |
| --- | --- |

—

the values at zero hour multiplied by the evolution coefficient for the other engines.

9.1.1.2.3.   For diesel and LPG fuelled engines, all these tests may be conducted with commercial fuel. However, at the manufacturer's request, the reference fuels described in Annex IV may be used. This implies tests, as described in section 4 of this Annex, with at least two of the reference fuels for each gas engine.

9.1.1.2.4.   For NG fuelled engines, all these tests may be conducted with commercial fuel in the following way:

| — | for H marked engines with a commercial fuel within the H-range (0,89 ≤ Sλ ≤ 1,00), |
| --- | --- |

—

for H marked engines with a commercial fuel within the H-range (0,89 ≤ Sλ ≤ 1,00),

| — | for L marked engines with a commercial fuel within the L-range (1,00 ≤ Sλ ≤ 1,19), |
| --- | --- |

—

for L marked engines with a commercial fuel within the L-range (1,00 ≤ Sλ ≤ 1,19),

| — | for HL marked engines with a commercial fuel within the extreme range of the λ-shift factor (0,89 ≤ Sλ ≤ 1,19). |
| --- | --- |

—

for HL marked engines with a commercial fuel within the extreme range of the λ-shift factor (0,89 ≤ Sλ ≤ 1,19).

However, at the manufacturer's request, the reference fuels described in Annex IV may be used. This implies tests, as described in section 4 of this Annex.

9.1.1.2.5.   In the case of dispute caused by the non-compliance of gas fuelled engines when using a commercial fuel, the tests shall be performed with a reference fuel on which the parent engine has been tested, or whith the possible additional fuel 3 as referred to in paragraphs 4.1.3.1 and 4.2.1.1 on which the parent engine may have been tested. Then, the result has to be converted by a calculation applying the relevant factor(s) ‘r‧, ‘ra‧ or ‘rb‧ as described in paragraphs 4.1.4, 4.1.5.1 and 4.2.1.2. If r, ra or rb are less than 1 no correction shall take place. The measured results and the calculated results must demonstrate that the engine meets the limit values with all relevant fuels (fuels 1, 2 and, if applicable, fuel 3 in the case of natural gas engines and fuels A and B in the case of LPG engines).

9.1.1.2.6.   Tests for conformity of production of a gas fuelled engine laid out for operation on one specific fuel composition shall be performed on the fuel for which the engine has been calibrated.

Figure 2

Schematic of production conformity testing

Image

---

(1)  OJ L 375, 31.12.1980, p. 46.

(2)  OJ L 334, 28.12.1999, p. 32.

(3)  1 = Germany, 2 = France, 3 = Italy, 4 = Netherlands, 5 = Sweden, 6 = Belgium, 9 = Spain, 11 = United Kingdom, 12 = Austria, 13 = Luxembourg, 16 = Norway, 17 = Finland, 18 = Denmark, 21 = Portugal, 23 = Greece, FL = Liechtenstein, IS = Iceland, IRL = Ireland.

(4)  To be subject to further evaluation by the Commission before 31 December 2001.

(5)  For engines having a swept volume of less than 0,75 dm3 per cylinder and a rated power speed of more than 3 000 min-1.

(6)  For NG engines only.

(7)  Not applicable for gas fuelled engines at stage A and stages B1 and B2.

(8)  For engines having a swept volume of less than 0,75 dm3 per cylinder and a rated power speed of more than 3 000 min-1.

Appendix 1

PROCEDURE FOR PRODUCTION CONFORMITY TESTING WHEN STANDARD DEVIATION IS SATISFACTORY

| 1. | This Appendix describes the procedure to be used to verify production conformity for the emissions of pollutants when the manufacturer's production standard deviation is satisfactory. |
| --- | --- |

1.

This Appendix describes the procedure to be used to verify production conformity for the emissions of pollutants when the manufacturer's production standard deviation is satisfactory.

| 2. | With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 40 % of the engines defective is 0,95 (producer's risk = 5 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %). |
| --- | --- |

2.

With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 40 % of the engines defective is 0,95 (producer's risk = 5 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %).

| 3. | The following procedure is used for each of the pollutants given in section 6.2.1 of Annex I (see Figure 2):
  Let:






  L | = the natural logarithm of the limit value for the pollutant; |
| --- | --- | --- |
| χi | = the natural logarithm of the measurement for the i-th engine of the sample; |
| s | = an estimate of the production standard deviation (after taking the natural logarithm of the measurements); |
| n | = the current sample number. |

3.

The following procedure is used for each of the pollutants given in section 6.2.1 of Annex I (see Figure 2):

Let:

L

= the natural logarithm of the limit value for the pollutant;

χi

= the natural logarithm of the measurement for the i-th engine of the sample;

s

= an estimate of the production standard deviation (after taking the natural logarithm of the measurements);

n

= the current sample number.

| 4. | For each sample the sum of the standardised deviations to the limit is calculated using the following formula: |
| --- | --- |

4.

For each sample the sum of the standardised deviations to the limit is calculated using the following formula:

| 5. | Then:






  — | if the test statistic result is greater than the pass decision number for the sample size given in table 3, a pass decision is reached for the pollutant; |
| --- | --- | --- |

5.

Then:

—

if the test statistic result is greater than the pass decision number for the sample size given in table 3, a pass decision is reached for the pollutant;

| — | if the test statistic result is less than the fail decision number for the sample size given in table 3, a fail decision is reached for the pollutant; |
| --- | --- |

—

if the test statistic result is less than the fail decision number for the sample size given in table 3, a fail decision is reached for the pollutant;

| — | otherwise, an additional engine is tested according to section 9.1.1.1 of Annex I and the calculation procedure is applied to the sample increased by one more unit. |
| --- | --- |

—

otherwise, an additional engine is tested according to section 9.1.1.1 of Annex I and the calculation procedure is applied to the sample increased by one more unit.

Table 3

Pass and Fail Decision Numbers of Appendix 1 Sampling Plan

Minimum sample size: 3

| Cumulative number of engines tested (sample size) | Pass decision number An | Fail decision number Bn |
| --- | --- | --- |
| 3 | 3,327 | - 4,724 |
| 4 | 3,261 | - 4,790 |
| 5 | 3,195 | - 4,856 |
| 6 | 3,129 | - 4,922 |
| 7 | 3,063 | - 4,988 |
| 8 | 2,997 | - 5,054 |
| 9 | 2,931 | - 5,120 |
| 10 | 2,865 | - 5,185 |
| 11 | 2,799 | - 5,251 |
| 12 | 2,733 | - 5,317 |
| 13 | 2,667 | - 5,383 |
| 14 | 2,601 | - 5,449 |
| 15 | 2,535 | - 5,515 |
| 16 | 2,469 | - 5,581 |
| 17 | 2,403 | - 5,647 |
| 18 | 2,337 | - 5,713 |
| 19 | 2,271 | - 5,779 |
| 20 | 2,205 | - 5,845 |
| 21 | 2,139 | - 5,911 |
| 22 | 2,073 | - 5,977 |
| 23 | 2,007 | - 6,043 |
| 24 | 1,941 | - 6,109 |
| 25 | 1,875 | - 6,175 |
| 26 | 1,809 | - 6,241 |
| 27 | 1,743 | - 6,307 |
| 28 | 1,677 | - 6,373 |
| 29 | 1,611 | - 6,439 |
| 30 | 1,545 | - 6,505 |
| 31 | 1,479 | - 6,571 |
| 32 | - 2,112 | - 2,112 |

Cumulative number of engines tested (sample size)

Pass decision number An

Fail decision number Bn

3

3,327

- 4,724

4

3,261

- 4,790

5

3,195

- 4,856

6

3,129

- 4,922

7

3,063

- 4,988

8

2,997

- 5,054

9

2,931

- 5,120

10

2,865

- 5,185

11

2,799

- 5,251

12

2,733

- 5,317

13

2,667

- 5,383

14

2,601

- 5,449

15

2,535

- 5,515

16

2,469

- 5,581

17

2,403

- 5,647

18

2,337

- 5,713

19

2,271

- 5,779

20

2,205

- 5,845

21

2,139

- 5,911

22

2,073

- 5,977

23

2,007

- 6,043

24

1,941

- 6,109

25

1,875

- 6,175

26

1,809

- 6,241

27

1,743

- 6,307

28

1,677

- 6,373

29

1,611

- 6,439

30

1,545

- 6,505

31

1,479

- 6,571

32

- 2,112

- 2,112

Appendix 2

PROCEDURE FOR PRODUCTION CONFORMITY TESTING WHEN STANDARD DEVIATION IS UNSATISFACTORY OR UNAVAILABLE

| 1. | This Appendix describes the procedure to be used to verify production conformity for the emissions of pollutants when the manufacturer's production standard deviation is either unsatisfactory or unavailable. |
| --- | --- |

1.

This Appendix describes the procedure to be used to verify production conformity for the emissions of pollutants when the manufacturer's production standard deviation is either unsatisfactory or unavailable.

| 2. | With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 40 % of the engines defective is 0,95 (producer's risk = 5 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %). |
| --- | --- |

2.

With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 40 % of the engines defective is 0,95 (producer's risk = 5 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %).

| 3. | The values of the pollutants given in section 6.2.1 of Annex I are considered to be log normally distributed and should be transformed by taking their natural logarithms. Let m0 and m denote the minimum and maximum sample size respectively (m0 = 3 and m = 32) and let n denote the current sample number. |
| --- | --- |

3.

The values of the pollutants given in section 6.2.1 of Annex I are considered to be log normally distributed and should be transformed by taking their natural logarithms. Let m0 and m denote the minimum and maximum sample size respectively (m0 = 3 and m = 32) and let n denote the current sample number.

| 4. | If the natural logarithms of the values measured in the series are χ1, χ2 · χiand L is the natural logarithm of the limit value for the pollutant, then, define
  di = χi - L
  and |
| --- | --- |

4.

If the natural logarithms of the values measured in the series are χ1, χ2 · χiand L is the natural logarithm of the limit value for the pollutant, then, define

di = χi - L

and

| 5. | Table 4 shows values of the pass (An) and fail (Bn) decision numbers against current sample number. The test statistic result is the ratio

  /vn and shall be used to determine whether the series has passed or failed as follows:For m0 ≤ n < m:






  — | pass the series if /vn ≤ An, |
| --- | --- | --- |

5.

Formula

For m0 ≤ n < m:

—

pass the series if Formula/vn ≤ An,

| — | fail the series if /vn ≥ Bn, |
| --- | --- |

—

fail the series if Formula/vn ≥ Bn,

| — | take another measurement if An < /vn < Bn. |
| --- | --- |

—

take another measurement if An < Formula/vn < Bn.

| 6. | Remarks
  The following recursive formulae are useful for calculating successive values of the test statistic:


  (n = 2, 3, ...; (d1)- = d1; V1 = 0)
  Table 4
  Table 4 Pass and Fail Decision Numbers of Appendix 2 Sampling Plan
  Minimum sample size: 3







  Cumulative number of engines tested (sample size) | Pass decision number An | Fail decision number Bn |
| --- | --- | --- | --- |
| 3 | - 0,80381 | 16,64743 |
| 4 | - 0,76339 | 7,68627 |
| 5 | - 0,72982 | 4,67136 |
| 6 | - 0,69962 | 3,25573 |
| 7 | - 0,67129 | 2,45431 |
| 8 | - 0,64406 | 1,94369 |
| 9 | - 0,61750 | 1,59105 |
| 10 | - 0,59135 | 1,33295 |
| 11 | - 0,56542 | 1,13566 |
| 12 | - 0,53960 | 0,97970 |
| 13 | - 0,51379 | 0,85307 |
| 14 | - 0,48791 | 0,74801 |
| 15 | - 0,46191 | 0,65928 |
| 16 | - 0,43573 | 0,58321 |
| 17 | - 0,40933 | 0,51718 |
| 18 | - 0,38266 | 0,45922 |
| 19 | - 0,35570 | 0,40788 |
| 20 | - 0,32840 | 0,36203 |
| 21 | - 0,30072 | 0,32078 |
| 22 | - 0,27263 | 0,28343 |
| 23 | - 0,24410 | 0,24943 |
| 24 | - 0,21509 | 0,21831 |
| 25 | - 0,18557 | 0,18970 |
| 26 | - 0,15550 | 0,16328 |
| 27 | - 0,12483 | 0,13880 |
| 28 | - 0,09354 | 0,11603 |
| 29 | - 0,06159 | 0,09480 |
| 30 | - 0,02892 | 0,07493 |
| 31 | - 0,00449 | 0,05629 |
| 32 | - 0,03876 | 0,03876 |

6.

Remarks

The following recursive formulae are useful for calculating successive values of the test statistic:

(n = 2, 3, ...; (d1)- = d1; V1 = 0)

Table 4

Table 4 Pass and Fail Decision Numbers of Appendix 2 Sampling Plan

Minimum sample size: 3

Cumulative number of engines tested (sample size)

Pass decision number An

Fail decision number Bn

3

- 0,80381

16,64743

4

- 0,76339

7,68627

5

- 0,72982

4,67136

6

- 0,69962

3,25573

7

- 0,67129

2,45431

8

- 0,64406

1,94369

9

- 0,61750

1,59105

10

- 0,59135

1,33295

11

- 0,56542

1,13566

12

- 0,53960

0,97970

13

- 0,51379

0,85307

14

- 0,48791

0,74801

15

- 0,46191

0,65928

16

- 0,43573

0,58321

17

- 0,40933

0,51718

18

- 0,38266

0,45922

19

- 0,35570

0,40788

20

- 0,32840

0,36203

21

- 0,30072

0,32078

22

- 0,27263

0,28343

23

- 0,24410

0,24943

24

- 0,21509

0,21831

25

- 0,18557

0,18970

26

- 0,15550

0,16328

27

- 0,12483

0,13880

28

- 0,09354

0,11603

29

- 0,06159

0,09480

30

- 0,02892

0,07493

31

- 0,00449

0,05629

32

- 0,03876

0,03876

Appendix 3

PROCEDURE FOR PRODUCTION CONFORMITY TESTING AT MANUFACTURER'S REQUEST

| 1. | This Appendix describes the procedure to be used to verify, at the manufacturer's request, production conformity for the emissions of pollutants. |
| --- | --- |

1.

This Appendix describes the procedure to be used to verify, at the manufacturer's request, production conformity for the emissions of pollutants.

| 2. | With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 30 % of the engines defective is 0,90 (producer's risk = 10 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %). |
| --- | --- |

2.

With a minimum sample size of three engines the sampling procedure is set so that the probability of a lot passing a test with 30 % of the engines defective is 0,90 (producer's risk = 10 %) while the probability of a lot being accepted with 65 % of the engines defective is 0,10 (consumer's risk = 10 %).

| 3. | The following procedure is used for each of the pollutants given in section 6.2.1 of Annex I (see Figure 2):
  Let:







  L | = | the limit value for the pollutant, |
| --- | --- | --- | --- |
| xi | = | the value of the measurement for the i-th engine of the sample, |
| n | = | the current sample number. |

3.

The following procedure is used for each of the pollutants given in section 6.2.1 of Annex I (see Figure 2):

Let:

L

=

the limit value for the pollutant,

xi

=

the value of the measurement for the i-th engine of the sample,

n

=

the current sample number.

| 4. | Calculate for the sample the test statistic quantifying the number of non-conforming engines, i.e. xi ≥ L. |
| --- | --- |

4.

Calculate for the sample the test statistic quantifying the number of non-conforming engines, i.e. xi ≥ L.

| 5. | Then:






  — | if the test statistic is less than or equal to the pass decision number for the sample size given in Table 5, a pass decision is reached for the pollutant; |
| --- | --- | --- |

5.

Then:

—

if the test statistic is less than or equal to the pass decision number for the sample size given in Table 5, a pass decision is reached for the pollutant;

| — | if the test statistic is greater than or equal to the fail decision number for the sample size given in Table 5, a fail decision is reached for the pollutant; |
| --- | --- |

—

if the test statistic is greater than or equal to the fail decision number for the sample size given in Table 5, a fail decision is reached for the pollutant;

| — | otherwise, an additional engine is tested according to section 9.1.1.1 of Annex I and the calculation procedure is applied to the sample increased by one more unit. |
| --- | --- |

—

otherwise, an additional engine is tested according to section 9.1.1.1 of Annex I and the calculation procedure is applied to the sample increased by one more unit.

In Table 5 the pass and fail decision numbers are calculated by means of the International Standard ISO 8422/1991.

Table 5

Pass and Fail Decision Numbers of Appendix 3 Sampling Plan

Minimum sample size: 3

| Cumulative number of engines tested (sample size) | Pass decision number | Fail decision number |
| --- | --- | --- |
| 3 | — | 3 |
| 4 | 0 | 4 |
| 5 | 0 | 4 |
| 6 | 1 | 5 |
| 7 | 1 | 5 |
| 8 | 2 | 6 |
| 9 | 2 | 6 |
| 10 | 3 | 7 |
| 11 | 3 | 7 |
| 12 | 4 | 8 |
| 13 | 4 | 8 |
| 14 | 5 | 9 |
| 15 | 5 | 9 |
| 16 | 6 | 10 |
| 17 | 6 | 10 |
| 18 | 7 | 11 |
| 19 | 8 | 9 |

Cumulative number of engines tested (sample size)

Pass decision number

Fail decision number

3

—

3

4

0

4

5

0

4

6

1

5

7

1

5

8

2

6

9

2

6

10

3

7

11

3

7

12

4

8

13

4

8

14

5

9

15

5

9

16

6

10

17

6

10

18

7

11

19

8

9

ANNEX II

INFORMATION DOCUMENT No [...]

IN ACCORDANCE WITH ANNEX l OF COUNCIL DIRECTIVE 70/156/EEC RELATING TO EC TYPE APPROVAL

and referring to measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles

(DIRECTIVE 88/77/EEC as last amended by Directive 2001/27/EC)

Vehicle type/parent engine/engine type (1): ...

| 0. | GENERAL |
| --- | --- |

0.

GENERAL

| 0.1. | Make (name of undertaking): ... |
| --- | --- |

0.1.

Make (name of undertaking): ...

| 0.2. | Type and commercial description (mention any variants): ... |
| --- | --- |

0.2.

Type and commercial description (mention any variants): ...

| 0.3. | Means and location of identification of type, if marked on the vehicle: ... |
| --- | --- |

0.3.

Means and location of identification of type, if marked on the vehicle: ...

| 0.4. | Category of vehicle (if applicable): ... |
| --- | --- |

0.4.

Category of vehicle (if applicable): ...

| 0.5. | Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1): ... |
| --- | --- |

0.5.

Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1): ...

| 0.6. | Name and address of manufacturer: ... |
| --- | --- |

0.6.

Name and address of manufacturer: ...

| 0.7. | Location of statutory plates and inscriptions and method of affixing: ... |
| --- | --- |

0.7.

Location of statutory plates and inscriptions and method of affixing: ...

| 0.8. | In the case of components and separate technical units, location and method of affixing of the EC approval mark: ... |
| --- | --- |

0.8.

In the case of components and separate technical units, location and method of affixing of the EC approval mark: ...

| 0.9. | Address(es) of assembly plant(s): ... |
| --- | --- |

0.9.

Address(es) of assembly plant(s): ...

ATTACHMENTS

| 1. | Essential characteristics of the (parent) engine and information concerning the conduct of test. |
| --- | --- |

1.

Essential characteristics of the (parent) engine and information concerning the conduct of test.

| 2. | Essential characteristics of the engine family |
| --- | --- |

2.

Essential characteristics of the engine family

| 3. | Essential characteristics of the engine types within the family |
| --- | --- |

3.

Essential characteristics of the engine types within the family

| 4. | Characteristics of the engine-related vehicle parts (if applicable). |
| --- | --- |

4.

Characteristics of the engine-related vehicle parts (if applicable).

| 5. | Photographs and/or drawings of the parent engine engine type and, if applicable, of the engine compartment. |
| --- | --- |

5.

Photographs and/or drawings of the parent engine engine type and, if applicable, of the engine compartment.

| 6. | List further attachments if any.
  Date, File |
| --- | --- |

6.

List further attachments if any.

Date, File

---

(1)  Delete as appropriate.

Appendix 1

ESSENTIAL CHARACTERISTICS OF THE (PARENT) ENGINE AND INFORMATION CONCERNING THE CONDUCT OF TEST (1)

1.   Description of engine

| 1.1. | Manufacturer: ... |
| --- | --- |

1.1.

Manufacturer: ...

| 1.2. | Manufacturer's engine code: ... |
| --- | --- |

1.2.

Manufacturer's engine code: ...

| 1.3. | Cycle: four stroke / two stroke (2): |
| --- | --- |

1.3.

Cycle: four stroke / two stroke (2):

| 1.4. | Number and arrangement of cylinders: ... |
| --- | --- |

1.4.

Number and arrangement of cylinders: ...

| 1.4.1. | Bore: ... mm |
| --- | --- |

1.4.1.

Bore: ... mm

| 1.4.2. | Stroke: ... mm |
| --- | --- |

1.4.2.

Stroke: ... mm

| 1.4.3. | Firing order: ... |
| --- | --- |

1.4.3.

Firing order: ...

| 1.5. | Engine capacity: ... cm3 |
| --- | --- |

1.5.

Engine capacity: ... cm3

| 1.6. | Volumetric compression ratio (3): ... |
| --- | --- |

1.6.

Volumetric compression ratio (3): ...

| 1.7. | Drawing(s) of combustion chamber and piston crown: ... |
| --- | --- |

1.7.

Drawing(s) of combustion chamber and piston crown: ...

| 1.8. | Minimum cross-sectional area of inlet and outlet ports: ... cm2 |
| --- | --- |

1.8.

Minimum cross-sectional area of inlet and outlet ports: ... cm2

| 1.9. | Idling speed: ... min-1 |
| --- | --- |

1.9.

Idling speed: ... min-1

| 1.10. | Maximum net power: ...kWat... min-1 |
| --- | --- |

1.10.

Maximum net power: ...kWat... min-1

| 1.11. | Maximum permitted engine speed: ... min-1 |
| --- | --- |

1.11.

Maximum permitted engine speed: ... min-1

| 1.12. | Maximum net torque: ... Nm at... min-1 |
| --- | --- |

1.12.

Maximum net torque: ... Nm at... min-1

| 1.13. | Combustion system: compression ignition/positive ignition (2) |
| --- | --- |

1.13.

Combustion system: compression ignition/positive ignition (2)

| 1.14. | Fuel: Diesel/LPG/NG-H/NG-L/NG—HL/ethanol (2) |
| --- | --- |

1.14.

Fuel: Diesel/LPG/NG-H/NG-L/NG—HL/ethanol (2)

| 1.15. | Cooling system |
| --- | --- |

1.15.

| 1.15.1. | Liquid |
| --- | --- |

1.15.1.

Liquid

| 1.15.1.1. | Nature of liquid: ... |
| --- | --- |

1.15.1.1.

Nature of liquid: ...

| 1.15.1.2. | Circulating pump(s): yes/no (2) |
| --- | --- |

1.15.1.2.

Circulating pump(s): yes/no (2)

| 1.15.1.3. | Characteristics or make(s) and type(s) (if applicable): ... |
| --- | --- |

1.15.1.3.

Characteristics or make(s) and type(s) (if applicable): ...

| 1.15.1.4. | Drive ratio(s) (if applicable): ... |
| --- | --- |

1.15.1.4.

Drive ratio(s) (if applicable): ...

| 1.15.2. | Air |
| --- | --- |

1.15.2.

Air

| 1.15.2.1. | Blower: yes/no (2) |
| --- | --- |

1.15.2.1.

Blower: yes/no (2)

| 1.15.2.2. | Characteristics or make(s) and type(s) (if applicable): ... |
| --- | --- |

1.15.2.2.

Characteristics or make(s) and type(s) (if applicable): ...

| 1.15.2.3. | Drive ratio(s) (if applicable): ... |
| --- | --- |

1.15.2.3.

Drive ratio(s) (if applicable): ...

| 1.16. | Temperature permitted by the manufacturer |
| --- | --- |

1.16.

| 1.16.1. | Liquid cooling: Maximum temperature at outlet: ... K |
| --- | --- |

1.16.1.

Liquid cooling: Maximum temperature at outlet: ... K

| 1.16.2. | Air cooling: ... reference point: ...
  Maximum temperature at reference point: ... K |
| --- | --- |

1.16.2.

Air cooling: ... reference point: ...

Maximum temperature at reference point: ... K

| 1.16.3. | Maximum temperature of the air at the outlet of the intake intercooler (if applicable): ... |
| --- | --- |

1.16.3.

Maximum temperature of the air at the outlet of the intake intercooler (if applicable): ...

| 1.16.4. | Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold(s) or turbocharger(s): ... K |
| --- | --- |

1.16.4.

Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold(s) or turbocharger(s): ... K

| 1.16.5. | Fuel temperature: min ... K, max ... K
  for diesel engines at injection pump inlet, for gas fuelled engines at pressure regulator final stage |
| --- | --- |

1.16.5.

Fuel temperature: min ... K, max ... K

for diesel engines at injection pump inlet, for gas fuelled engines at pressure regulator final stage

| 1.16.6. | Fuel pressure: min ... kPa, max ... kPa
  at pressure regulator final stage, NG fuelled gas engines only |
| --- | --- |

1.16.6.

Fuel pressure: min ... kPa, max ... kPa

at pressure regulator final stage, NG fuelled gas engines only

| 1.16.7. | Lubricant temperature: min ... K, max ... K |
| --- | --- |

1.16.7.

Lubricant temperature: min ... K, max ... K

| 1.17. | Pressure charger: yes/no (4) |
| --- | --- |

1.17.

Pressure charger: yes/no (4)

| 1.17.1. | Make: ... |
| --- | --- |

1.17.1.

Make: ...

| 1.17.2. | Type: ... |
| --- | --- |

1.17.2.

Type: ...

| 1.17.3. | Description of the system (e.g. max. charge pressure, wastegate, if applicable): ... |
| --- | --- |

1.17.3.

Description of the system (e.g. max. charge pressure, wastegate, if applicable): ...

| 1.17.4. | Intercooler: yes/no1) |
| --- | --- |

1.17.4.

Intercooler: yes/no1)

| 1.18. | Intake system |
| --- | --- |

1.18.

Intake system

| 1.18 | Maximum allowable intake depression at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (5), as last amended by Directive 1999/99/EC (6)
  : ... kPa |
| --- | --- |

1.18

Maximum allowable intake depression at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (5), as last amended by Directive 1999/99/EC (6)
  : ... kPa

| 1.19. | Exhaust system
  Maximum allowable exhaust back pressure at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (4), as last amended by Directive 97/21/EC5): ... kPa
  Exhaust system volume: ... dm3 |
| --- | --- |

1.19.

Exhaust system

Maximum allowable exhaust back pressure at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (4), as last amended by Directive 97/21/EC5): ... kPa

Exhaust system volume: ... dm3

2.   Measures taken against air pollution

| 2.1. | Device for recycling crankcase gases (description and drawings): ... |
| --- | --- |

2.1.

Device for recycling crankcase gases (description and drawings): ...

| 2.2. | Additional anti-pollution devices (if any, and if not covered by another heading) ... |
| --- | --- |

2.2.

Additional anti-pollution devices (if any, and if not covered by another heading) ...

| 2.2.1. | Catalytic converter: yes/no (7) |
| --- | --- |

2.2.1.

Catalytic converter: yes/no (7)

| 2.2.1.1. | Make(s): ... |
| --- | --- |

2.2.1.1.

Make(s): ...

| 2.2.1.2. | Type(s): ... |
| --- | --- |

2.2.1.2.

Type(s): ...

| 2.2.1.3. | Number of catalytic converters and elements: ... |
| --- | --- |

2.2.1.3.

Number of catalytic converters and elements: ...

| 2.2.1.4. | Dimensions, shape and volume of the catalytic converter(s): ... |
| --- | --- |

2.2.1.4.

Dimensions, shape and volume of the catalytic converter(s): ...

| 2.2.1.5. | Type of catalytic action: ... |
| --- | --- |

2.2.1.5.

Type of catalytic action: ...

| 2.2.1.6. | Total charge of precious metals: ... |
| --- | --- |

2.2.1.6.

Total charge of precious metals: ...

| 2.2.1.7. | Relative concentration: ... |
| --- | --- |

2.2.1.7.

Relative concentration: ...

| 2.2.1.8. | Substrate (structure and material): ... |
| --- | --- |

2.2.1.8.

Substrate (structure and material): ...

| 2.2.1.9. | Cell density: ... |
| --- | --- |

2.2.1.9.

Cell density: ...

| 2.2.1.10. | Type of casing for the catalytic converter(s): ... |
| --- | --- |

2.2.1.10.

Type of casing for the catalytic converter(s): ...

| 2.2.1.11. | Location of the catalytic converter(s) (place and reference distance in the exhaust line): ... |
| --- | --- |

2.2.1.11.

Location of the catalytic converter(s) (place and reference distance in the exhaust line): ...

| 2.2.2. | Oxygen sensor: yes/no (7) |
| --- | --- |

2.2.2.

Oxygen sensor: yes/no (7)

| 2.2.2.1. | Make(s): ... |
| --- | --- |

2.2.2.1.

Make(s): ...

| 2.2.2.2. | Type: ... |
| --- | --- |

2.2.2.2.

Type: ...

| 2.2.2.3. | Location: ... |
| --- | --- |

2.2.2.3.

Location: ...

| 2.2.3. | Air injection: yes/no (7) |
| --- | --- |

2.2.3.

Air injection: yes/no (7)

| 2.2.3.1. | Type (pulse air, air pump, etc.): ... |
| --- | --- |

2.2.3.1.

Type (pulse air, air pump, etc.): ...

| 2.2.4. | EGR: yes/no (7) |
| --- | --- |

2.2.4.

EGR: yes/no (7)

| 2.2.4.1. | Characteristics (flow rate etc.): ... |
| --- | --- |

2.2.4.1.

Characteristics (flow rate etc.): ...

| 2.2.5. | Particulate trap: yes/no (7): |
| --- | --- |

2.2.5.

Particulate trap: yes/no (7):

| 2.2.5.1. | Dimensions, shape and capacity of the particulate trap: ... |
| --- | --- |

2.2.5.1.

Dimensions, shape and capacity of the particulate trap: ...

| 2.2.5.2. | Type and design of the particulate trap: ... |
| --- | --- |

2.2.5.2.

Type and design of the particulate trap: ...

| 2.2.5.3. | Location (reference distance in the exhaust line): ... |
| --- | --- |

2.2.5.3.

Location (reference distance in the exhaust line): ...

| 2.2.5.4. | Method or system of regeneration, description and/or drawing: ... |
| --- | --- |

2.2.5.4.

Method or system of regeneration, description and/or drawing: ...

| 2.2.6. | Other systems: yes/no (7) |
| --- | --- |

2.2.6.

Other systems: yes/no (7)

| 2.2.6.1. | Description and operation: ... |
| --- | --- |

2.2.6.1.

Description and operation: ...

3.   Fuel feed

| 3.1. | Diesel engines |
| --- | --- |

3.1.

| 3.1.1. | Feed pump
  Pressure (8): ... kPa or characteristic diagram (9): ... |
| --- | --- |

3.1.1.

Feed pump

Pressure (8): ... kPa or characteristic diagram (9): ...

| 3.1.2. | Injection system |
| --- | --- |

3.1.2.

Injection system

| 3.1.2.1. | Pump |
| --- | --- |

3.1.2.1.

Pump

| 3.1.2.1.1. | Make(s): ... |
| --- | --- |

3.1.2.1.1.

Make(s): ...

| 3.1.2.1.2. | Type(s): ... |
| --- | --- |

3.1.2.1.2.

Type(s): ...

| 3.1.2.1.3. | Delivery: ... mm3
   (8) per stroke at engine speed of ... rpm at full injection, or characteristic diagram (8)
   (9) ...
  Mention the method used: On engine/on pump bench (9)

  If boost control is supplied, state the characteristic fuel delivery and boost pressure versus engine speed. |
| --- | --- |

3.1.2.1.3.

Delivery: ... mm3
   (8) per stroke at engine speed of ... rpm at full injection, or characteristic diagram (8)
   (9) ...

Mention the method used: On engine/on pump bench (9)

If boost control is supplied, state the characteristic fuel delivery and boost pressure versus engine speed.

| 3.1.2.1.4. | Injection advance |
| --- | --- |

3.1.2.1.4.

Injection advance

| 3.1.2.1.4.1. | Injection advance curve (8) ... |
| --- | --- |

3.1.2.1.4.1.

Injection advance curve (8) ...

| 3.1.2.1.4.2. | Static injection timing (8): ... |
| --- | --- |

3.1.2.1.4.2.

Static injection timing (8): ...

| 3.1.2.2. | Injection piping |
| --- | --- |

3.1.2.2.

Injection piping

| 3.1.2.2.1. | Length: ... mm |
| --- | --- |

3.1.2.2.1.

Length: ... mm

| 3.1.2.2.2. | Internal diameter: ... mm |
| --- | --- |

3.1.2.2.2.

Internal diameter: ... mm

| 3.1.2.3. | Injector(s) |
| --- | --- |

3.1.2.3.

Injector(s)

| 3.1.2.3.1. | Make(s): ... |
| --- | --- |

3.1.2.3.1.

Make(s): ...

| 3.1.2.3.2. | Type(s): ... |
| --- | --- |

3.1.2.3.2.

Type(s): ...

| 3.1.2.3.3. | ‘Opening pressure‧: ... kPa (8)

  or characteristic diagram (8)
   (9): ... |
| --- | --- |

3.1.2.3.3.

‘Opening pressure‧: ... kPa (8)

or characteristic diagram (8)
   (9): ...

| 3.1.2.4. | Governor |
| --- | --- |

3.1.2.4.

Governor

| 3.1.2.4.1. | Make(s): ... |
| --- | --- |

3.1.2.4.1.

Make(s): ...

| 3.1.2.4.2. | Type(s): ... |
| --- | --- |

3.1.2.4.2.

Type(s): ...

| 3.1.2.4.3. | Speed at which cut-off starts under full load: ... rpm |
| --- | --- |

3.1.2.4.3.

Speed at which cut-off starts under full load: ... rpm

| 3.1.2.4.4. | Maximum no-load speed: ... rpm |
| --- | --- |

3.1.2.4.4.

Maximum no-load speed: ... rpm

| 3.1.2.4.5. | Idling speed: ... rpm |
| --- | --- |

3.1.2.4.5.

Idling speed: ... rpm

| 3.1.3. | Cold start system |
| --- | --- |

3.1.3.

Cold start system

| 3.1.3.1. | Make(s): ... |
| --- | --- |

3.1.3.1.

Make(s): ...

| 3.1.3.2. | Type(s): ... |
| --- | --- |

3.1.3.2.

Type(s): ...

| 3.1.3.3. | Description: ... |
| --- | --- |

3.1.3.3.

Description: ...

| 3.1.3.4. | Auxiliary starting aid: ... |
| --- | --- |

3.1.3.4.

Auxiliary starting aid: ...

| 3.1.3.4.1. | Make: ... |
| --- | --- |

3.1.3.4.1.

Make: ...

| 3.1.3.4.2. | Type: ... |
| --- | --- |

3.1.3.4.2.

Type: ...

| 3.2. | Gas fuelled engines (10) |
| --- | --- |

3.2.

Gas fuelled engines (10)

| 3.2.1. | Fuel: Natural gas/LPG (11) |
| --- | --- |

3.2.1.

Fuel: Natural gas/LPG (11)

| 3.2.2. | Pressure regulator(s) or vaporiser/pressure regulator(s) (12) |
| --- | --- |

3.2.2.

Pressure regulator(s) or vaporiser/pressure regulator(s) (12)

| 3.2.2.1. | Make(s): ... |
| --- | --- |

3.2.2.1.

Make(s): ...

| 3.2.2.2. | Type(s): ... |
| --- | --- |

3.2.2.2.

Type(s): ...

| 3.2.2.3. | Number of pressure reduction stages: ... |
| --- | --- |

3.2.2.3.

Number of pressure reduction stages: ...

| 3.2.2.4. | Pressure in final stage: min ... kPa, max ... kPa |
| --- | --- |

3.2.2.4.

Pressure in final stage: min ... kPa, max ... kPa

| 3.2.2.5. | Number of main adjustment points: |
| --- | --- |

3.2.2.5.

Number of main adjustment points:

| 3.2.2.6. | Number of idle adjustment points: ... |
| --- | --- |

3.2.2.6.

Number of idle adjustment points: ...

| 3.2.2.7. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.2.7.

Certification number according to Directive 1999/96/EC: ...

| 3.2.3. | Fuelling system: mixing unit / gas injection / liquid injection / direct injection (11) |
| --- | --- |

3.2.3.

Fuelling system: mixing unit / gas injection / liquid injection / direct injection (11)

| 3.2.3.1. | Mixture strength regulation: ... |
| --- | --- |

3.2.3.1.

Mixture strength regulation: ...

| 3.2.3.2. | System description and/or diagram and drawings: ... |
| --- | --- |

3.2.3.2.

System description and/or diagram and drawings: ...

| 3.2.3.3. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.3.3.

Certification number according to Directive 1999/96/EC: ...

| 3.2.4. | Mixing unit |
| --- | --- |

3.2.4.

Mixing unit

| 3.2.4.1. | Number: ... |
| --- | --- |

3.2.4.1.

Number: ...

| 3.2.4.2. | Make(s): ... |
| --- | --- |

3.2.4.2.

Make(s): ...

| 3.2.4.3. | Type(s): ... |
| --- | --- |

3.2.4.3.

Type(s): ...

| 3.2.4.4. | Location: ... |
| --- | --- |

3.2.4.4.

Location: ...

| 3.2.4.5. | Adjustment possibilities: ... |
| --- | --- |

3.2.4.5.

Adjustment possibilities: ...

| 3.2.4.6. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.4.6.

Certification number according to Directive 1999/96/EC: ...

| 3.2.5. | Inlet manifold injection |
| --- | --- |

3.2.5.

Inlet manifold injection

| 3.2.5.1. | Injection: single point/multipoint (13) |
| --- | --- |

3.2.5.1.

Injection: single point/multipoint (13)

| 3.2.5.2. | Injection: continuous/simultaneously timed/sequentially timed (13) |
| --- | --- |

3.2.5.2.

Injection: continuous/simultaneously timed/sequentially timed (13)

| 3.2.5.3. | Injection equipment |
| --- | --- |

3.2.5.3.

Injection equipment

| 3.2.5.3.1. | Make(s):... |
| --- | --- |

3.2.5.3.1.

Make(s):...

| 3.2.5.3.2. | Type(s):... |
| --- | --- |

3.2.5.3.2.

Type(s):...

| 3.2.5.3.3. | Adjustment possibilities:... |
| --- | --- |

3.2.5.3.3.

Adjustment possibilities:...

| 3.2.5.3.4. | Certification number according to Directive 1999/96/EC:... |
| --- | --- |

3.2.5.3.4.

Certification number according to Directive 1999/96/EC:...

| 3.2.5.4. | Supply pump (if applicable): |
| --- | --- |

3.2.5.4.

Supply pump (if applicable):

| 3.2.5.4.1. | Make(s):... |
| --- | --- |

3.2.5.4.1.

Make(s):...

| 3.2.5.4.2. | Type(s):... |
| --- | --- |

3.2.5.4.2.

Type(s):...

| 3.2.5.4.3 | Certification number according to Directive 1999/96/EC:... |
| --- | --- |

3.2.5.4.3

Certification number according to Directive 1999/96/EC:...

| 3.2.5.5. | Injector(s): |
| --- | --- |

3.2.5.5.

Injector(s):

| 3.2.5.5.1. | Make(s):... |
| --- | --- |

3.2.5.5.1.

Make(s):...

| 3.2.5.5.2. | Type(s):... |
| --- | --- |

3.2.5.5.2.

Type(s):...

| 3.2.5.5.3. | Certification number according to Directive 1999/96/EC:... |
| --- | --- |

3.2.5.5.3.

Certification number according to Directive 1999/96/EC:...

| 3.2.6. | Direct injection |
| --- | --- |

3.2.6.

Direct injection

| 3.2.6.1. | Injection pump / pressure regulator (13) |
| --- | --- |

3.2.6.1.

Injection pump / pressure regulator (13)

| 3.2.6.1.1. | Make(s):... |
| --- | --- |

3.2.6.1.1.

Make(s):...

| 3.2.6.1.2. | Type(s):... |
| --- | --- |

3.2.6.1.2.

Type(s):...

| 3.2.6.1.3. | Injection timing:... |
| --- | --- |

3.2.6.1.3.

Injection timing:...

| 3.2.6.1.4. | Certification number according to Directive 1999/96/EC:... |
| --- | --- |

3.2.6.1.4.

Certification number according to Directive 1999/96/EC:...

| 3.2.6.2. | Injector(s) |
| --- | --- |

3.2.6.2.

Injector(s)

| 3.2.6.2.1. | Make(s):... |
| --- | --- |

3.2.6.2.1.

Make(s):...

| 3.2.6.2.2. | Type(s):... |
| --- | --- |

3.2.6.2.2.

Type(s):...

| 3.2.6.2.3. | Opening pressure or characteristic diagram (14): ... |
| --- | --- |

3.2.6.2.3.

Opening pressure or characteristic diagram (14): ...

| 3.2.6.2.4. | Certification number according to Directive 1999/96/EC:... |
| --- | --- |

3.2.6.2.4.

Certification number according to Directive 1999/96/EC:...

| 3.2.7. | Electronic control unit (ECU) |
| --- | --- |

3.2.7.

Electronic control unit (ECU)

| 3.2.7.1. | Make(s): ... |
| --- | --- |

3.2.7.1.

Make(s): ...

| 3.2.7.2. | Type(s): ... |
| --- | --- |

3.2.7.2.

Type(s): ...

| 3.2.7.3. | Adjustment possibilities: ... |
| --- | --- |

3.2.7.3.

Adjustment possibilities: ...

| 3.2.8. | NG fuel-specific equipment |
| --- | --- |

3.2.8.

NG fuel-specific equipment

| 3.2.8.1. | Variant 1
  (only in the case of approvals of engines for several specific fuel compositions) |
| --- | --- |

3.2.8.1.

Variant 1

(only in the case of approvals of engines for several specific fuel compositions)

| 3.2.8.1.1. | Fuel composition:








  methane (CH4): | basis: ... % mole | min. ... % mole | max. ... % mole |
| --- | --- | --- | --- | --- |
| ethane (C2H6): | basis: ... % mole | min. ... % mole | max. ... % mole |
| propane (C3H8): | basis: ... % mole | min. ... % mole | max. ... % mole |
| butane (C4H10): | basis: ... % mole | min. ... % mole | max. ... % mole |
| C5/C5+: | basis: ... % mole | min. ... % mole | max. ... % mole |
| oxygen (O2): | basis: ... % mole | min. ... % mole | max. ... % mole |
| inert (N2, He etc.): | basis: ... % mole | min. ... % mole | max. ... % mole |

3.2.8.1.1.

Fuel composition:

methane (CH4):

basis: ... % mole

min. ... % mole

max. ... % mole

ethane (C2H6):

basis: ... % mole

min. ... % mole

max. ... % mole

propane (C3H8):

basis: ... % mole

min. ... % mole

max. ... % mole

butane (C4H10):

basis: ... % mole

min. ... % mole

max. ... % mole

C5/C5+:

basis: ... % mole

min. ... % mole

max. ... % mole

oxygen (O2):

basis: ... % mole

min. ... % mole

max. ... % mole

inert (N2, He etc.):

basis: ... % mole

min. ... % mole

max. ... % mole

| 3.2.8.1.2. | Injector(s) |
| --- | --- |

3.2.8.1.2.

Injector(s)

| 3.2.8.1.2.1. | Make(s): ... |
| --- | --- |

3.2.8.1.2.1.

Make(s): ...

| 3.2.8.1.2.2. | Type(s): ... |
| --- | --- |

3.2.8.1.2.2.

Type(s): ...

| 3.2.8.1.3. | Others (if applicable) |
| --- | --- |

3.2.8.1.3.

Others (if applicable)

| 3.2.8.2. | Variant 2
  (only in the case of approvals for several specific fuel compositions) |
| --- | --- |

3.2.8.2.

Variant 2

(only in the case of approvals for several specific fuel compositions)

4.   Valve timing

| 4.1. | Maximum lift of valves and angles of opening and closing in relation to dead centres of equivalent data: |
| --- | --- |

4.1.

Maximum lift of valves and angles of opening and closing in relation to dead centres of equivalent data:

| 4.2. | Reference and/or setting ranges (15): ... |
| --- | --- |

4.2.

Reference and/or setting ranges (15): ...

5.   Ignition system (spark ignition engines only)

| 5.1. | Ignition system type:common coil and plugs/individual coil and plugs/coil on plug/other (specify) (15) |
| --- | --- |

5.1.

Ignition system type:common coil and plugs/individual coil and plugs/coil on plug/other (specify) (15)

| 5.2. | Ignition control unit |
| --- | --- |

5.2.

Ignition control unit

| 5.2.1. | Make(s): ... |
| --- | --- |

5.2.1.

Make(s): ...

| 5.2.2. | Type(s): ... |
| --- | --- |

5.2.2.

Type(s): ...

| 5.3. | Ignition advance curve / advance map (15)
   (16): ... |
| --- | --- |

5.3.

Ignition advance curve / advance map (15)
   (16): ...

| 5.4. | Ignition timing (17): ... degrees before TDC at a speed of ...rpm and a MAP of ...kPa |
| --- | --- |

5.4.

Ignition timing (17): ... degrees before TDC at a speed of ...rpm and a MAP of ...kPa

| 5.5. | Spark plugs |
| --- | --- |

5.5.

| 5.5.1. | Make(s): ... |
| --- | --- |

5.5.1.

Make(s): ...

| 5.5.2. | Type(s): ... |
| --- | --- |

5.5.2.

Type(s): ...

| 5.5.3. | Gap setting: ...mm |
| --- | --- |

5.5.3.

Gap setting: ...mm

| 5.6. | Ignition coil(s) |
| --- | --- |

5.6.

| 5.6.1. | Make(s): ... |
| --- | --- |

5.6.1.

Make(s): ...

| 5.6.2. | Type(s): ... |
| --- | --- |

5.6.2.

Type(s): ...

6.   Engine-driven equipment

The engine shall be submitted for testing with the auxiliaries needed for operating the engine (e.g. fan, water pump etc.), as specified in and under the operating conditions of Directive 80/1269/EEC (18), as last amended by Directive 1999/99/EC (19)
  , Annex I, section 5.1.1.

| 6.1. | Auxiliaries to be fitted for the test
  If it is impossible or inappropriate to install the auxiliaries on the test bench, the power absorbed by them shall be determined and subtracted from the measured engine power over the whole operating area of the test cycle(s). |
| --- | --- |

6.1.

Auxiliaries to be fitted for the test

If it is impossible or inappropriate to install the auxiliaries on the test bench, the power absorbed by them shall be determined and subtracted from the measured engine power over the whole operating area of the test cycle(s).

| 6.2. | Auxiliaries to be removed for the test
  Auxiliaries needed only for the operation of the vehicle (e.g. air compressor, air-conditioning system etc.) shall be removed for the test. Where the auxiliaries cannot be removed, the power absorbed by them may be determined and added to the measured engine power over the whole operating area of the test cycle(s). |
| --- | --- |

6.2.

Auxiliaries to be removed for the test

Auxiliaries needed only for the operation of the vehicle (e.g. air compressor, air-conditioning system etc.) shall be removed for the test. Where the auxiliaries cannot be removed, the power absorbed by them may be determined and added to the measured engine power over the whole operating area of the test cycle(s).

7.   Additional information on test conditions

| 7.1. | Lubricant used |
| --- | --- |

7.1.

| 7.1.1. | Make: ... |
| --- | --- |

7.1.1.

Make: ...

| 7.1.2. | Type: ...
  (State percentage of oil in mixture if lubricant and fuel are mixed): ... |
| --- | --- |

7.1.2.

Type: ...

(State percentage of oil in mixture if lubricant and fuel are mixed): ...

| 7.2. | Engine-driven equipment (if applicable)
  The power absorbed by the auxiliaries needs only be determined:






  — | if auxiliaries needed for operating the engine are not fitted to the engine, and/or |
| --- | --- | --- |

7.2.

Engine-driven equipment (if applicable)

The power absorbed by the auxiliaries needs only be determined:

—

if auxiliaries needed for operating the engine are not fitted to the engine, and/or

| — | if auxiliaries not needed for operating the engine are fitted to the engine. |
| --- | --- |

—

if auxiliaries not needed for operating the engine are fitted to the engine.

| 7.2.1. | Enumeration and identifying details: ... |
| --- | --- |

7.2.1.

Enumeration and identifying details: ...

| 7.2.2. | Power absorbed at various indicated engine speeds:












  Equipment | Power absorbed (kW) at various engine speeds |
| --- | --- | --- |
| Idle | Low Speed | High Speed | Speed A (20) | Speed B (20) | Speed C (20) | Ref. Speed (21) |
| P(a)
  Auxiliaries needed for operating the engine (to be subtracted from measured engine power) see section 6.1. | | | | | | | |
| P(b)
  Auxiliaries not needed for operating the engine (to be added to measured engine power) see section 6.2. | | | | | | | |

7.2.2.

Power absorbed at various indicated engine speeds:

Equipment

Power absorbed (kW) at various engine speeds

Idle

Low Speed

High Speed

Speed A (20)

Speed B (20)

Speed C (20)

Ref. Speed (21)

P(a)

Auxiliaries needed for operating the engine (to be subtracted from measured engine power) see section 6.1.

P(b)

Auxiliaries not needed for operating the engine (to be added to measured engine power) see section 6.2.

8.   Engine performance

| 8.1. | Engine speeds
   (22)
  Low speed (nlo): ...rpm
  High speed (nhi): ...rpm
  for ESC and ELR Cycles
  Idle: ....rpm
  Speed A: ....rpm
  Speed B: ...rpm
  Speed C: ...rpm
  for ETC cycle
  Reference speed: ...rpm |
| --- | --- |

8.1.

Low speed (nlo): ...rpm

High speed (nhi): ...rpm

for ESC and ELR Cycles

Idle: ....rpm

Speed A: ....rpm

Speed B: ...rpm

Speed C: ...rpm

for ETC cycle

Reference speed: ...rpm

| 8.2. | Engine power (measured in accordance with the provisions of Directive 80/1269/EEC (23), as last amended by Directive 1999/99/EC (24)
  in kW | Engine Speed |
| --- | --- | --- |
| Idle | Speed A (25) | Speed B (25) | Speed C (25) | Ref. Speed (26) |
| P(m)
  Power measured on test bed | | | | | |
| P(a) | | | | | |
| Power absorbed by auxiliaries to be fitted for test (section 6.1) | | | | | |
| — if fitted | | | | | |
| — if not fitted | 0 | 0 | 0 | 0 | 0 |
| P(b)
  Power absorbed by auxiliaries to be removed for test (section 6.2)
  — if fitted
  — if not fitted | | | | | |
| P(n) | | | | | |
| Net engine power | | | | | |
| = P(m) — P(a) + P(b) | 0 | 0 | 0 | 0 | 0 |

8.2.

Engine power (measured in accordance with the provisions of Directive 80/1269/EEC (23), as last amended by Directive 1999/99/EC (24)
  in kW

Engine Speed

Idle

Speed A (25)

Speed B (25)

Speed C (25)

Ref. Speed (26)

P(m)

Power measured on test bed

P(a)

Power absorbed by auxiliaries to be fitted for test (section 6.1)

— if fitted

— if not fitted

0

0

0

0

0

P(b)

Power absorbed by auxiliaries to be removed for test (section 6.2)

— if fitted

— if not fitted

P(n)

Net engine power

= P(m) — P(a) + P(b)

0

0

0

0

0

| 8.3. | Dynamometer settings (kW)
  The dynamometer settings for the ESC and ELR tests and for the reference cycle of the ETC test shall be based upon the net engine power P(n) of section 8.2. It is recommended to install the engine on the test bed in the net condition. In this case, P(m) and P(n) are identical. If it is impossible or inappropriate to operate the engine under net conditions, the dynamometer settings shall be corrected to net conditions using the above formula. |
| --- | --- |

8.3.

The dynamometer settings for the ESC and ELR tests and for the reference cycle of the ETC test shall be based upon the net engine power P(n) of section 8.2. It is recommended to install the engine on the test bed in the net condition. In this case, P(m) and P(n) are identical. If it is impossible or inappropriate to operate the engine under net conditions, the dynamometer settings shall be corrected to net conditions using the above formula.

| 8.3.1. | ESC and ELR Tests
  The dynamometer settings shall be calculated according to the formula in Annex III, Appendix 1, section 1.2.









  Percent Load | Engine Speed |
| --- | --- | --- |
| Idle | Speed A | Speed B | Speed C |
| 10 | - - - | | | |
| 25 | - - - | | | |
| 50 | - - - | | | |
| 75 | - - - | | | |
| 100 | - - - | | | |

8.3.1.

The dynamometer settings shall be calculated according to the formula in Annex III, Appendix 1, section 1.2.

Percent Load

Engine Speed

Idle

Speed A

Speed B

Speed C

10

- - -

25

- - -

50

- - -

75

- - -

100

- - -

| 8.3.2. | ETC Test
  If the engine is not tested under net conditions, the correction formula for converting the measured power or measured cycle work, as determined according to Annex III, Appendix 2, section 2, to net power or net cycle work shall be submitted by the engine manufacturer for the whole operating area of the cycle, and approved by the Technical Service. |
| --- | --- |

8.3.2.

If the engine is not tested under net conditions, the correction formula for converting the measured power or measured cycle work, as determined according to Annex III, Appendix 2, section 2, to net power or net cycle work shall be submitted by the engine manufacturer for the whole operating area of the cycle, and approved by the Technical Service.

---

(1)  In the case of non-conventional engines and systems, particulars equivalent to those referred to here shall be supplied by the manufacturer.

(2)  Strike out what does not apply.

(3)  Specify the tolerance.

(4)  Strike out what does not apply.

(5)  OJ L 375, 31.12.1980, p. 46.

(6)  OJ L 334, 28.12.1999, p. 32.

(7)  Strike out what does not apply.

(8)  Specify the tolerance.

(9)  Strike out what does not apply.

(10)  In the case of systems laid-out in a different manner, supply equivalent information (for paragraph 3.2).

(11)  Strike out what does not apply.

(12)  Specify the tolerance.

(13)  Strike out what does not apply.

(14)  Specify the tolerance.

(15)  Strike out what does not apply.

(16)  Specify the tolerance.

(17)  Specify the tolerance.

(18)  OJ L 375, 31.12.1980, p. 46.

(19)  OJ L 334, 28.12.1999, p. 32.

(20)  ESC test.

(21)  ETC test only.

(22)  Specify the tolerance; to be within ± 3 % of the values declared by the manufacturer.

(23)  OJ L 375, 31.12.1980, p. 46.

(24)  OJ L 334, 28.12.1999, p. 32

(25)  ESC test.

(26)  ETC test only.

Appendix 2

ESSENTIAL CHARACTERISTICS OF THE ENGINE FAMILY

1.   Common parameters

| 1.1. | Combustion cycle: ... |
| --- | --- |

1.1.

Combustion cycle: ...

| 1.2. | Cooling medium: ... |
| --- | --- |

1.2.

Cooling medium: ...

| 1.3. | Number of cylinders (1): ... |
| --- | --- |

1.3.

Number of cylinders (1): ...

| 1.4. | Individual cylinder displacement: ... |
| --- | --- |

1.4.

Individual cylinder displacement: ...

| 1.5 | Method of air aspiration: ... |
| --- | --- |

1.5

Method of air aspiration: ...

| 1.6. | Combustion chamber type/design: ... |
| --- | --- |

1.6.

Combustion chamber type/design: ...

| 1.7. | Valve and porting — configuration, size and number: ... |
| --- | --- |

1.7.

Valve and porting — configuration, size and number: ...

| 1.8. | Fuel system: ... |
| --- | --- |

1.8.

Fuel system: ...

| 1.9. | Ignition system (gas engines): ... |
| --- | --- |

1.9.

Ignition system (gas engines): ...

| 1.10. | Miscellaneous features:






  — | charge cooling system (1): ... |
| --- | --- | --- |

1.10.

Miscellaneous features:

—

charge cooling system (1): ...

| — | exhaust gas recirculation (1): ... |
| --- | --- |

—

exhaust gas recirculation (1): ...

| — | water injection/emulsion (1): ... |
| --- | --- |

—

water injection/emulsion (1): ...

| — | air injection (1): ... |
| --- | --- |

—

air injection (1): ...

| 1.11. | Exhaust aftertreatment (1): ...
  Proof of identical (or lowest for the parent engine) ratio: system capacity/fuel delivery per stroke, pursuant to diagram number(s): ... |
| --- | --- |

1.11.

Exhaust aftertreatment (1): ...

Proof of identical (or lowest for the parent engine) ratio: system capacity/fuel delivery per stroke, pursuant to diagram number(s): ...

2.   Engine family listing

| 2.1. | Name of diesel engine family: ... |
| --- | --- |

2.1.

Name of diesel engine family: ...

| 2.1.1. | Specification of engines within this family: ... | Parent Engine |
| --- | --- | --- |
| Engine Type | | | | | |
| No. of cylinders | | | | | |
| Rated Speed (rpm) | | | | | |
| Fuel delivery
  per stroke (mm3) | | | | | |
| Rated net power (kW) | | | | | |
| Maximum torque speed (rpm) | | | | | |
| Fuel delivery
  per stroke (mm3) | | | | | |
| Maximum torque (Nm) | | | | | |
| Low idle speed (rpm) | | | | | |
| Cylinder displacement (in % of parent engine) | | | | | 100 |

2.1.1.

Specification of engines within this family: ...

Parent Engine

Engine Type

No. of cylinders

Rated Speed (rpm)

Fuel delivery

per stroke (mm3)

Rated net power (kW)

Maximum torque speed (rpm)

Fuel delivery

per stroke (mm3)

Maximum torque (Nm)

Low idle speed (rpm)

Cylinder displacement (in % of parent engine)

100

| 2.2. | Name of gas engine family: |
| --- | --- |

2.2.

Name of gas engine family:

| 2.2.1. | Specification of engines within this family: ... | Parent Engine |
| --- | --- | --- |
| Engine Type | | | | | |
| No. of cylinders | | | | | |
| Rated Speed (rpm) | | | | | |
| Fuel delivery per stroke (mm3) | | | | | |
| Rated net power (kW) | | | | | |
| Maximum torque speed (rpm) | | | | | |
| Fuel delivery
  per stroke (mm3) | | | | | |
| Maximum torque (Nm) | | | | | |
| Low idle speed (rpm) | | | | | |
| Cylinder displacement (in % of parent engine) | | | | | 100 |
| Spark timing | | | | | |
| EGR flow | | | | | |
| Air pump yes/no | | | | | |
| Air pump actual flow | | | | | |

2.2.1.

Specification of engines within this family: ...

Parent Engine

Engine Type

No. of cylinders

Rated Speed (rpm)

Fuel delivery per stroke (mm3)

Rated net power (kW)

Maximum torque speed (rpm)

Fuel delivery

per stroke (mm3)

Maximum torque (Nm)

Low idle speed (rpm)

Cylinder displacement (in % of parent engine)

100

Spark timing

EGR flow

Air pump yes/no

Air pump actual flow

---

(1)  If not applicable, mark n.a.

Appendix 3

ESSENTIAL CHARACTERISTICS OF THE ENGINE TYPE WITHIN THE FAMILY (1)

1.   Description of engine

| 1.1. | Manufacturer: ... |
| --- | --- |

1.1.

Manufacturer: ...

| 1.2. | Manufacturer's engine code: ... |
| --- | --- |

1.2.

Manufacturer's engine code: ...

| 1.3. | Cycle: four stroke / two stroke (2): |
| --- | --- |

1.3.

Cycle: four stroke / two stroke (2):

| 1.4. | Number and arrangement of cylinders: ... |
| --- | --- |

1.4.

Number and arrangement of cylinders: ...

| 1.4.1. | Bore: ... mm |
| --- | --- |

1.4.1.

Bore: ... mm

| 1.4.2. | Stroke: ... mm |
| --- | --- |

1.4.2.

Stroke: ... mm

| 1.4.3. | Firing order: ... |
| --- | --- |

1.4.3.

Firing order: ...

| 1.5. | Engine capacity: ... cm3 |
| --- | --- |

1.5.

Engine capacity: ... cm3

| 1.6. | Volumetric compression ratio (3): ... |
| --- | --- |

1.6.

Volumetric compression ratio (3): ...

| 1.7. | Drawing(s) of combustion chamber and piston crown: ... |
| --- | --- |

1.7.

Drawing(s) of combustion chamber and piston crown: ...

| 1.8. | Minimum cross-sectional area of inlet and outlet ports: ... cm2 |
| --- | --- |

1.8.

Minimum cross-sectional area of inlet and outlet ports: ... cm2

| 1.9. | Idling speed: ... min-1 |
| --- | --- |

1.9.

Idling speed: ... min-1

| 1.10. | Maximum net power: ... kWat ... min-1 |
| --- | --- |

1.10.

Maximum net power: ... kWat ... min-1

| 1.11. | Maximum permitted engine speed: ... min-1 |
| --- | --- |

1.11.

Maximum permitted engine speed: ... min-1

| 1.12. | Maximum net torque: ... Nm at ... min-1 |
| --- | --- |

1.12.

Maximum net torque: ... Nm at ... min-1

| 1.13. | Combustion system: compression ignition/positive ignition (4) |
| --- | --- |

1.13.

Combustion system: compression ignition/positive ignition (4)

| 1.14. | Fuel: Diesel / LPG / NG — H / NG — L / NG — HL / ethanol (4) |
| --- | --- |

1.14.

Fuel: Diesel / LPG / NG — H / NG — L / NG — HL / ethanol (4)

| 1.15. | Cooling system |
| --- | --- |

1.15.

| 1.15.1. | Liquid |
| --- | --- |

1.15.1.

Liquid

| 1.15.1.1. | Nature of liquid: ... |
| --- | --- |

1.15.1.1.

Nature of liquid: ...

| 1.15.1.2. | Circulating pump(s): yes/no (4) |
| --- | --- |

1.15.1.2.

Circulating pump(s): yes/no (4)

| 1.15.1.3. | Characteristics or make(s) and type(s) (if applicable): ... |
| --- | --- |

1.15.1.3.

Characteristics or make(s) and type(s) (if applicable): ...

| 1.15.1.4. | Drive ratio(s) (if applicable): ... |
| --- | --- |

1.15.1.4.

Drive ratio(s) (if applicable): ...

| 1.15.2. | Air |
| --- | --- |

1.15.2.

Air

| 1.15.2.1. | Blower: yes/no (4) |
| --- | --- |

1.15.2.1.

Blower: yes/no (4)

| 1.15.2.2. | Characteristics or make(s) and type(s) (if applicable): ... |
| --- | --- |

1.15.2.2.

Characteristics or make(s) and type(s) (if applicable): ...

| 1.15.2.3. | Drive ratio(s) (if applicable): ... |
| --- | --- |

1.15.2.3.

Drive ratio(s) (if applicable): ...

| 1.16. | Temperature permitted by the manufacturer |
| --- | --- |

1.16.

| 1.16.1. | Liquid cooling: Maximum temperature at outlet: ... K |
| --- | --- |

1.16.1.

Liquid cooling: Maximum temperature at outlet: ... K

| 1.16.2. | Air cooling: reference point:
  ... Maximum temperature at reference point: ... K |
| --- | --- |

1.16.2.

Air cooling: reference point:

... Maximum temperature at reference point: ... K

| 1.16.3. | Maximum temperature of the air at the outlet of the intake intercooler (if applicable): ... K |
| --- | --- |

1.16.3.

Maximum temperature of the air at the outlet of the intake intercooler (if applicable): ... K

| 1.16.4. | Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold(s) or turbocharger(s): ... K |
| --- | --- |

1.16.4.

Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold(s) or turbocharger(s): ... K

| 1.16.5. | Fuel temperature: min ... K, max ... K
  for diesel engines at injection pump inlet, for gas fuelled engines at pressure regulator final stage |
| --- | --- |

1.16.5.

Fuel temperature: min ... K, max ... K

for diesel engines at injection pump inlet, for gas fuelled engines at pressure regulator final stage

| 1.16.6. | Fuel pressure: min ... kPa, max ... kPa
  at pressure regulator final stage, NG fuelled gas engines only |
| --- | --- |

1.16.6.

Fuel pressure: min ... kPa, max ... kPa

at pressure regulator final stage, NG fuelled gas engines only

| 1.16.7. | Lubricant temperature: min ... K, max ... K |
| --- | --- |

1.16.7.

Lubricant temperature: min ... K, max ... K

| 1.17. | Pressure charger: yes/no (5) |
| --- | --- |

1.17.

Pressure charger: yes/no (5)

| 1.17.1. | Make: ... |
| --- | --- |

1.17.1.

Make: ...

| 1.17.2. | Type: ... |
| --- | --- |

1.17.2.

Type: ...

| 1.17.3. | Description of the system (e.g. max. charge pressure, wastegate, if applicable): ... |
| --- | --- |

1.17.3.

Description of the system (e.g. max. charge pressure, wastegate, if applicable): ...

| 1.17.4. | Intercooler: yes/no (5) |
| --- | --- |

1.17.4.

Intercooler: yes/no (5)

| 1.18. | Intake system |
| --- | --- |

1.18.

| 1.18. | Maximum allowable intake depression at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (6), as last amended by Directive 1999/99/EC (7)
  : ... kPa |
| --- | --- |

1.18.

Maximum allowable intake depression at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (6), as last amended by Directive 1999/99/EC (7)
  : ... kPa

| 1.19. | Exhaust system
  Maximum allowable exhaust back pressure at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (6), as last amended by Directive 1999/99/EC (7)
  : ... kPa
  Exhaust system volume: ... dm3 |
| --- | --- |

1.19.

Maximum allowable exhaust back pressure at rated engine speed and at 100 % load as specified in and under the operating conditions of Directive 80/1269/EEC (6), as last amended by Directive 1999/99/EC (7)
  : ... kPa

Exhaust system volume: ... dm3

2.   Measures taken against air pollution

| 2.1. | Device for recycling crankcase gases (description and drawings): ... |
| --- | --- |

2.1.

Device for recycling crankcase gases (description and drawings): ...

| 2.2. | Additional anti-pollution devices (if any, and if not covered by another heading) ... |
| --- | --- |

2.2.

Additional anti-pollution devices (if any, and if not covered by another heading) ...

| 2.2.1. | Catalytic converter: yes/no (5) |
| --- | --- |

2.2.1.

Catalytic converter: yes/no (5)

| 2.2.1.1. | Make(s): |
| --- | --- |

2.2.1.1.

Make(s):

| 2.2.1.2. | Type(s): ... |
| --- | --- |

2.2.1.2.

Type(s): ...

| 2.2.1.3. | Number of catalytic converters and elements: ... |
| --- | --- |

2.2.1.3.

Number of catalytic converters and elements: ...

| 2.2.1.4. | Dimensions, shape and volume of the catalytic converter(s): ... |
| --- | --- |

2.2.1.4.

Dimensions, shape and volume of the catalytic converter(s): ...

| 2.2.1.5. | Type of catalytic action: ... |
| --- | --- |

2.2.1.5.

Type of catalytic action: ...

| 2.2.1.6. | Total charge of precious metals: ... |
| --- | --- |

2.2.1.6.

Total charge of precious metals: ...

| 2.2.1.7. | Relative concentration: ... |
| --- | --- |

2.2.1.7.

Relative concentration: ...

| 2.2.1.8. | Substrate (structure and material): ... |
| --- | --- |

2.2.1.8.

Substrate (structure and material): ...

| 2.2.1.9. | Cell density: ... |
| --- | --- |

2.2.1.9.

Cell density: ...

| 2.2.1.10. | Type of casing for the catalytic converter(s): ... |
| --- | --- |

2.2.1.10.

Type of casing for the catalytic converter(s): ...

| 2.2.1.11. | Location of the catalytic converter(s) (place and reference distance in the exhaust line): ... |
| --- | --- |

2.2.1.11.

Location of the catalytic converter(s) (place and reference distance in the exhaust line): ...

| 2.2.2. | Oxygen sensor: yes/no (8) |
| --- | --- |

2.2.2.

Oxygen sensor: yes/no (8)

| 2.2.2.1. | Make(s): ... |
| --- | --- |

2.2.2.1.

Make(s): ...

| 2.2.2.2. | Type: ... |
| --- | --- |

2.2.2.2.

Type: ...

| 2.2.2.3. | Location: ... |
| --- | --- |

2.2.2.3.

Location: ...

| 2.2.3. | Air injection: yes/no (8) |
| --- | --- |

2.2.3.

Air injection: yes/no (8)

| 2.2.3.1. | Type (pulse air, air pump, etc.): ... |
| --- | --- |

2.2.3.1.

Type (pulse air, air pump, etc.): ...

| 2.2.4. | EGR: yes/no (8) |
| --- | --- |

2.2.4.

EGR: yes/no (8)

| 2.2.4.1. | Characteristics (flow rate etc.): ... |
| --- | --- |

2.2.4.1.

Characteristics (flow rate etc.): ...

| 2.2.5. | Particulate trap: yes/no (8): ... |
| --- | --- |

2.2.5.

Particulate trap: yes/no (8): ...

| 2.2.5.1. | Dimensions, shape and capacity of the particulate trap: ... |
| --- | --- |

2.2.5.1.

Dimensions, shape and capacity of the particulate trap: ...

| 2.2.5.2. | Type and design of the particulate trap: ... |
| --- | --- |

2.2.5.2.

Type and design of the particulate trap: ...

| 2.2.5.3. | Location (reference distance in the exhaust line): ... |
| --- | --- |

2.2.5.3.

Location (reference distance in the exhaust line): ...

| 2.2.5.4. | Method or system of regeneration, description and/or drawing: ... |
| --- | --- |

2.2.5.4.

Method or system of regeneration, description and/or drawing: ...

| 2.2.6. | Other systems: yes/no (8) |
| --- | --- |

2.2.6.

Other systems: yes/no (8)

| 2.2.6.1. | Description and operation: ... |
| --- | --- |

2.2.6.1.

Description and operation: ...

3.   Fuel feed

| 3.1. | Diesel engines |
| --- | --- |

3.1.

| 3.1.1. | Feed pump
  Pressure (9) ... kPa or characteristic diagram (8): ... |
| --- | --- |

3.1.1.

Feed pump

Pressure (9) ... kPa or characteristic diagram (8): ...

| 3.1.2. | Injection system |
| --- | --- |

3.1.2.

Injection system

| 3.1.2.1. | Pump |
| --- | --- |

3.1.2.1.

Pump

| 3.1.2.1.1. | Make(s): ... |
| --- | --- |

3.1.2.1.1.

Make(s): ...

| 3.1.2.1.2. | Type(s): ... |
| --- | --- |

3.1.2.1.2.

Type(s): ...

| 3.1.2.1.3. | Delivery: ... mm3
   (9) per stroke at engine speed of ... rpm at full injection, or characteristic diagram (8)
   (9): ...
  Mention the method used: On engine/on pump bench (8)

  If boost control is supplied, state the characteristic fuel delivery and boost pressure versus engine speed. |
| --- | --- |

3.1.2.1.3.

Delivery: ... mm3
   (9) per stroke at engine speed of ... rpm at full injection, or characteristic diagram (8)
   (9): ...

Mention the method used: On engine/on pump bench (8)

If boost control is supplied, state the characteristic fuel delivery and boost pressure versus engine speed.

| 3.1.2.1.4. | Injection advance |
| --- | --- |

3.1.2.1.4.

Injection advance

| 3.1.2.1.4.1. | Injection advance curve (9): ... |
| --- | --- |

3.1.2.1.4.1.

Injection advance curve (9): ...

| 3.1.2.1.4.2. | Static injection timing (9): ... |
| --- | --- |

3.1.2.1.4.2.

Static injection timing (9): ...

| 3.1.2.2. | Injection piping |
| --- | --- |

3.1.2.2.

Injection piping

| 3.1.2.2.1. | Length: ... mm |
| --- | --- |

3.1.2.2.1.

Length: ... mm

| 3.1.2.2.2. | Internal diameter: ... mm |
| --- | --- |

3.1.2.2.2.

Internal diameter: ... mm

| 3.1.2.3. | Injector(s) |
| --- | --- |

3.1.2.3.

Injector(s)

| 3.1.2.3.1. | Make(s): ... |
| --- | --- |

3.1.2.3.1.

Make(s): ...

| 3.1.2.3.2. | Type(s): ... |
| --- | --- |

3.1.2.3.2.

Type(s): ...

| 3.1.2.3.3. | ‘Opening pressure‧: ... kPA (10) or characteristic diagram (10)
   (11): |
| --- | --- |

3.1.2.3.3.

‘Opening pressure‧: ... kPA (10) or characteristic diagram (10)
   (11):

| 3.1.2.4. | Governor |
| --- | --- |

3.1.2.4.

Governor

| 3.1.2.4.1. | Make(s): ... |
| --- | --- |

3.1.2.4.1.

Make(s): ...

| 3.1.2.4.2. | Type(s): ... |
| --- | --- |

3.1.2.4.2.

Type(s): ...

| 3.1.2.4.3. | Speed at which cut-off starts under full load: ... rpm |
| --- | --- |

3.1.2.4.3.

Speed at which cut-off starts under full load: ... rpm

| 3.1.2.4.4. | Maximum no-load speed: ... rpm |
| --- | --- |

3.1.2.4.4.

Maximum no-load speed: ... rpm

| 3.1.2.4.5. | Idling speed: ... rpm |
| --- | --- |

3.1.2.4.5.

Idling speed: ... rpm

| 3.1.3. | Cold start system |
| --- | --- |

3.1.3.

Cold start system

| 3.1.3.1. | Make(s): ... |
| --- | --- |

3.1.3.1.

Make(s): ...

| 3.1.3.2. | Type(s): ... |
| --- | --- |

3.1.3.2.

Type(s): ...

| 3.1.3.3. | Description: |
| --- | --- |

3.1.3.3.

Description:

| 3.1.3.4. | Auxiliary starting aid: ... |
| --- | --- |

3.1.3.4.

Auxiliary starting aid: ...

| 3.1.3.4.1. | Make: ... |
| --- | --- |

3.1.3.4.1.

Make: ...

| 3.1.3.4.2. | Type: ... |
| --- | --- |

3.1.3.4.2.

Type: ...

| 3.2. | Gas fuelled engines
   (12) |
| --- | --- |

3.2.

| 3.2.1. | Fuel: Natural gas/LPG (11) |
| --- | --- |

3.2.1.

Fuel: Natural gas/LPG (11)

| 3.2.2. | Pressure regulator(s) or vaporiser/pressure regulator(s) (10) |
| --- | --- |

3.2.2.

Pressure regulator(s) or vaporiser/pressure regulator(s) (10)

| 3.2.2.1. | Make(s): ... |
| --- | --- |

3.2.2.1.

Make(s): ...

| 3.2.2.2. | Type(s): ... |
| --- | --- |

3.2.2.2.

Type(s): ...

| 3.2.2.3. | Number of pressure reduction stages: ... |
| --- | --- |

3.2.2.3.

Number of pressure reduction stages: ...

| 3.2.2.4. | Pressure in final stage: min ... kPa, max ... kPa |
| --- | --- |

3.2.2.4.

Pressure in final stage: min ... kPa, max ... kPa

| 3.2.2.5. | Number of main adjustment points: ... |
| --- | --- |

3.2.2.5.

Number of main adjustment points: ...

| 3.2.2.6. | Number of idle adjustment points: ... |
| --- | --- |

3.2.2.6.

Number of idle adjustment points: ...

| 3.2.2.7. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.2.7.

Certification number according to Directive 1999/96/EC: ...

| 3.2.3. | Fuelling system: mixing unit / gas injection / liquid injection / direct injection (13) |
| --- | --- |

3.2.3.

Fuelling system: mixing unit / gas injection / liquid injection / direct injection (13)

| 3.2.3.1. | Mixture strength regulation: ... |
| --- | --- |

3.2.3.1.

Mixture strength regulation: ...

| 3.2.3.2. | System description and/or diagram and drawings: ... |
| --- | --- |

3.2.3.2.

System description and/or diagram and drawings: ...

| 3.2.3.3. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.3.3.

Certification number according to Directive 1999/96/EC: ...

| 3.2.4. | Mixing unit |
| --- | --- |

3.2.4.

Mixing unit

| 3.2.4.1. | Number: ... |
| --- | --- |

3.2.4.1.

Number: ...

| 3.2.4.2. | Make(s): ... |
| --- | --- |

3.2.4.2.

Make(s): ...

| 3.2.4.3. | Type(s): ... |
| --- | --- |

3.2.4.3.

Type(s): ...

| 3.2.4.4. | Location: ... |
| --- | --- |

3.2.4.4.

Location: ...

| 3.2.4.5. | Adjustment possibilities: ... |
| --- | --- |

3.2.4.5.

Adjustment possibilities: ...

| 3.2.4.6. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.4.6.

Certification number according to Directive 1999/96/EC: ...

| 3.2.5. | Inlet manifold injection |
| --- | --- |

3.2.5.

Inlet manifold injection

| 3.2.5.1. | Injection: single point/multipoint (13) |
| --- | --- |

3.2.5.1.

Injection: single point/multipoint (13)

| 3.2.5.2. | Injection: continuous/simultaneously timed/sequentially timed (13) |
| --- | --- |

3.2.5.2.

Injection: continuous/simultaneously timed/sequentially timed (13)

| 3.2.5.3. | Injection equipment |
| --- | --- |

3.2.5.3.

Injection equipment

| 3.2.5.3.1. | Make(s): ... |
| --- | --- |

3.2.5.3.1.

Make(s): ...

| 3.2.5.3.2. | Type(s): ... |
| --- | --- |

3.2.5.3.2.

Type(s): ...

| 3.2.5.3.3. | Adjustment possibilities: ... |
| --- | --- |

3.2.5.3.3.

Adjustment possibilities: ...

| 3.2.5.3.4. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.5.3.4.

Certification number according to Directive 1999/96/EC: ...

| 3.2.5.4. | Supply pump (if applicable): ... |
| --- | --- |

3.2.5.4.

Supply pump (if applicable): ...

| 3.2.5.4.1. | Make(s): ... |
| --- | --- |

3.2.5.4.1.

Make(s): ...

| 3.2.5.4.2. | Type(s): ... |
| --- | --- |

3.2.5.4.2.

Type(s): ...

| 3.2.5.4.3. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.5.4.3.

Certification number according to Directive 1999/96/EC: ...

| 3.2.5.5. | Injector(s): ... |
| --- | --- |

3.2.5.5.

Injector(s): ...

| 3.2.5.5.1. | Make(s): ... |
| --- | --- |

3.2.5.5.1.

Make(s): ...

| 3.2.5.5.2. | Type(s): ... |
| --- | --- |

3.2.5.5.2.

Type(s): ...

| 3.2.5.5.3. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.5.5.3.

Certification number according to Directive 1999/96/EC: ...

| 3.2.6. | Direct injection |
| --- | --- |

3.2.6.

Direct injection

| 3.2.6.1. | Injection pump / pressure regulator (13) |
| --- | --- |

3.2.6.1.

Injection pump / pressure regulator (13)

| 3.2.6.1.1. | Make(s): ... |
| --- | --- |

3.2.6.1.1.

Make(s): ...

| 3.2.6.1.2. | Type(s): ... |
| --- | --- |

3.2.6.1.2.

Type(s): ...

| 3.2.6.1.3. | Injection timing: ... |
| --- | --- |

3.2.6.1.3.

Injection timing: ...

| 3.2.6.1.4. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.6.1.4.

Certification number according to Directive 1999/96/EC: ...

| 3.2.6.2. | Injector(s) |
| --- | --- |

3.2.6.2.

Injector(s)

| 3.2.6.2.1. | Make(s): ... |
| --- | --- |

3.2.6.2.1.

Make(s): ...

| 3.2.6.2.2. | Type(s): ... |
| --- | --- |

3.2.6.2.2.

Type(s): ...

| 3.2.6.2.3. | Opening pressure or characteristic diagram (14): ... |
| --- | --- |

3.2.6.2.3.

Opening pressure or characteristic diagram (14): ...

| 3.2.6.2.4. | Certification number according to Directive 1999/96/EC: ... |
| --- | --- |

3.2.6.2.4.

Certification number according to Directive 1999/96/EC: ...

| 3.2.7. | Electronic control unit (ECU) |
| --- | --- |

3.2.7.

Electronic control unit (ECU)

| 3.2.7.1. | Make(s): ... |
| --- | --- |

3.2.7.1.

Make(s): ...

| 3.2.7.2. | Type(s): ... |
| --- | --- |

3.2.7.2.

Type(s): ...

| 3.2.7.3. | Adjustment possibilities: ... |
| --- | --- |

3.2.7.3.

Adjustment possibilities: ...

| 3.2.8. | NG fuel-specific equipment |
| --- | --- |

3.2.8.

NG fuel-specific equipment

| 3.2.8.1. | Variant 1
  (only in the case of approvals of engines for several specific fuel compositions) |
| --- | --- |

3.2.8.1.

Variant 1

(only in the case of approvals of engines for several specific fuel compositions)

| 3.2.8.1.1. | Fuel composition:








  methan (CH4): | basis: ... % mole | min. ... % mole | max. ... % mole |
| --- | --- | --- | --- | --- |
| ethane (C2H6): | basis: ... % mole | min. ... % mole | max. ... % mole |
| propane (C3H8): | basis: ... % mole | min. ... % mole | max. ... % mole |
| butane (C4H10): | basis: ... % mole | min. ... % mole | max. ... % mole |
| C5/C5+: | basis: ... % mole | min. ... % mole | max. ... % mole |
| oxygen (O2): | basis: ... % mole | min. ... % mole | max. ... % mole |
| inert (N2, He etc): | basis: ... % mole | min. ... % mole | max. ... % mole |

3.2.8.1.1.

Fuel composition:

methan (CH4):

basis: ... % mole

min. ... % mole

max. ... % mole

ethane (C2H6):

basis: ... % mole

min. ... % mole

max. ... % mole

propane (C3H8):

basis: ... % mole

min. ... % mole

max. ... % mole

butane (C4H10):

basis: ... % mole

min. ... % mole

max. ... % mole

C5/C5+:

basis: ... % mole

min. ... % mole

max. ... % mole

oxygen (O2):

basis: ... % mole

min. ... % mole

max. ... % mole

inert (N2, He etc):

basis: ... % mole

min. ... % mole

max. ... % mole

| 3.2.8.1.2. | Injector(s) |
| --- | --- |

3.2.8.1.2.

Injector(s)

| 3.2.8.1.2.1. | Make(s): ... |
| --- | --- |

3.2.8.1.2.1.

Make(s): ...

| 3.2.8.1.2.2. | Type(s): ... |
| --- | --- |

3.2.8.1.2.2.

Type(s): ...

| 3.2.8.1.3. | Others (if applicable): ... |
| --- | --- |

3.2.8.1.3.

Others (if applicable): ...

| 3.2.8.2 | Variant 2
  (only in the case of approvals for several specific fuel compositions) |
| --- | --- |

3.2.8.2

Variant 2

(only in the case of approvals for several specific fuel compositions)

4.   Valve timing

| 4.1. | Maximum lift of valves and angles of opening and closing in relation to dead centres of equivalent data: ... |
| --- | --- |

4.1.

Maximum lift of valves and angles of opening and closing in relation to dead centres of equivalent data: ...

| 4.2. | Reference and/or setting ranges (15): ... |
| --- | --- |

4.2.

Reference and/or setting ranges (15): ...

5.   Ignition system (spark ignition engines only)

| 5.1. | Ignition system type: common coil and plugs/individual coil and plugs/coil on plug/other (specify) (15) |
| --- | --- |

5.1.

Ignition system type: common coil and plugs/individual coil and plugs/coil on plug/other (specify) (15)

| 5.2. | Ignition control unit |
| --- | --- |

5.2.

Ignition control unit

| 5.2.1. | Make(s): ... |
| --- | --- |

5.2.1.

Make(s): ...

| 5.2.2. | Type(s): ... |
| --- | --- |

5.2.2.

Type(s): ...

| 5.3. | Ignition advance curve / advance map (15)
   (16): ... |
| --- | --- |

5.3.

Ignition advance curve / advance map (15)
   (16): ...

| 5.4. | Ignition timing (15): ... degrees before TDC at a speed of ... rpm and a MAP of ... kPa |
| --- | --- |

5.4.

Ignition timing (15): ... degrees before TDC at a speed of ... rpm and a MAP of ... kPa

| 5.5. | Spark plugs |
| --- | --- |

5.5.

| 5.5.1. | Make(s): ... |
| --- | --- |

5.5.1.

Make(s): ...

| 5.5.2. | Type(s): ... |
| --- | --- |

5.5.2.

Type(s): ...

| 5.5.3. | Gap setting: ... mm |
| --- | --- |

5.5.3.

Gap setting: ... mm

| 5.6. | Ignition coil(s) |
| --- | --- |

5.6.

| 5.6.1. | Make(s): ... |
| --- | --- |

5.6.1.

Make(s): ...

| 5.6.2. | Type(s): ... |
| --- | --- |

5.6.2.

Type(s): ...

---

(1)  To be submitted for each engine of the family.

(2)  Strike out what does not apply.

(3)  Specify the tolerance.

(4)  Strike out what does not apply.

(5)  Strike out what does not apply.

(6)  OJ L 375, 31.12.1980, p.46.

(7)  OJ L 334, 28.12.1999, p.32.

(8)  Strike out what does not apply.

(9)  Specify the tolerance.

(10)  Specify the tolerance.

(11)  Strike out what does not apply.

(12)  In the case of systems laid-out in a different manner, supply equivalent information (for paragraph 3.2).

(13)  Strike out what does not apply.

(14)  Specify the tolerance.

(15)  Strike out what does not apply.

(16)  Specify the tolerance.

Appendix 4

CHARACTERISTICS OF THE ENGINE-RELATED VEHICLE PARTS

| 1. | Intake system depression at rated engine speed and at 100 % load: ... kPa |
| --- | --- |

1.

Intake system depression at rated engine speed and at 100 % load: ... kPa

| 2. | Exhaust system back pressure at rated engine speed and at 100 % load: ... kPa |
| --- | --- |

2.

Exhaust system back pressure at rated engine speed and at 100 % load: ... kPa

| 3. | Volume of exhaust system: ... cm3 |
| --- | --- |

3.

Volume of exhaust system: ... cm3

| 4. | Power absorbed by the auxiliaries needed for operating the engine as specified in and under the operation conditions of Directive 80/1269/EEC (1), as last amended by Directive 1999/99/EC (2)
  , Annex I, section 5.1.1. |
| --- | --- |

4.

Power absorbed by the auxiliaries needed for operating the engine as specified in and under the operation conditions of Directive 80/1269/EEC (1), as last amended by Directive 1999/99/EC (2)
  , Annex I, section 5.1.1.

| Equipment | Power absorbed (kW) at various engine speeds |
| --- | --- |
| Idle | Low Speed | High Speed | Speed A (3) | Speed B (3) | Speed C (3) | Ref. Speed (4) |
| P(a)
  Auxiliaries needed for operating the engine (to be subtracted from measured engine power)
  See Appendix 1, section 6.1. | | | | | | | |

Equipment

Power absorbed (kW) at various engine speeds

Idle

Low Speed

High Speed

Speed A (3)

Speed B (3)

Speed C (3)

Ref. Speed (4)

P(a)

Auxiliaries needed for operating the engine (to be subtracted from measured engine power)

See Appendix 1, section 6.1.

---

(1)  OJ L 375, 31.12.1980, p. 46.

(2)  OJ L 334, 28.12.1999, p. 32.

(3)  ESC test.

(4)  ETC test only.

ANNEX III

TEST PROCEDURE

1.   INTRODUCTION

1.1.   This Annex describes the methods of determining emissions of gaseous components, particulates and smoke from the engines to be tested. Three test cycles are described that shall be applied according to the provisions of Annex I, section 6.2:

| — | the ESC which consists of a steady state 13-mode cycle, |
| --- | --- |

—

the ESC which consists of a steady state 13-mode cycle,

| — | the ELR which consists of transient load steps at different speeds, which are integral parts of one test procedure, and are run concurrently, |
| --- | --- |

—

the ELR which consists of transient load steps at different speeds, which are integral parts of one test procedure, and are run concurrently,

| — | the ETC which consists of a second-by-second sequence of transient modes. |
| --- | --- |

—

the ETC which consists of a second-by-second sequence of transient modes.

1.2.   The test shall be carried out with the engine mounted on a test bench and connected to a dynamometer.

1.3.   Measurement principle

The emissions to be measured from the exhaust of the engine include the gaseous components (carbon monoxide, total hydrocarbons for diesel engines on the ESC test only; non-methane hydrocarbons for diesel and gas engines on the ETC test only; methane for gas engines on the ETC test only and oxides of nitrogen), the particulates (diesel engines only) and smoke (diesel engines on the ELR test only). Additionally, carbon dioxide is often used as a tracer gas for determining the dilution ratio of partial and full flow dilution systems. Good engineering practice recommends the general measurement of carbon dioxide as an excellent tool for the detection of measurement problems during the test run.

1.3.1.   ESC Test

During a prescribed sequence of warmed-up engine operating conditions the amounts of the above exhaust emissions shall be examined continuously by taking a sample from the raw exhaust gas. The test cycle consists of a number of speed and power modes which cover the typical operating range of diesel engines. During each mode the concentration of each gaseous pollutant, exhaust flow and power output shall be determined, and the measured values weighted. The particulate sample shall be diluted with conditioned ambient air. One sample over the complete test procedure shall be taken, and collected on suitable filters. The grams of each pollutant emitted per kilowatt hour shall be calculated as described in Appendix 1 to this Annex. Additionally, NOx shall be measured at three test points within the control area selected by the Technical Service  (1) and the measured values compared to the values calculated from those modes of the test cycle enveloping the selected test points. The NOx control check ensures the effectiveness of the emission control of the engine within the typical engine operating range.

1.3.2.   ELR Test

During a prescribed load response test, the smoke of a warmed-up engine shall be determined by means of an opacimeter. The test consists of loading the engine at constant speed from 10 % to 100 % load at three different engine speeds. Additionally, a fourth load step selected by the Technical Service (1) shall be run, and the value compared to the values of the previous load steps. The smoke peak shall be determined using an averaging algorithm, as described in Appendix 1 to this Annex.

1.3.3.   ETC Test

During a prescribed transient cycle of warmed-up engine operating conditions, which is based closely on road-type-specific driving patterns of heavy-duty engines installed in trucks and buses, the above pollutants shall be examined after diluting the total exhaust gas with conditioned ambient air. Using the engine torque and speed feedback signals of the engine dynamometer, the power shall be integrated with respect to time of the cycle resulting in the work produced by the engine over the cycle. The concentration of NOx and HC shall be determined over the cycle by integration of the analyser signal. The concentration of CO, CO2, and NMHC may be determined by integration of the analyser signal or by bag sampling. For particulates, a proportional sample shall be collected on suitable filters. The diluted exhaust gas flow rate shall be determined over the cycle to calculate the mass emission values of the pollutants. The mass emission values shall be related to the engine work to get the grams of each pollutant emitted per kilowatt hour, as described in Appendix 2 to this Annex.

2.   TEST CONDITIONS

2.1.   Engine Test Conditions

2.1.1.   The absolute temperature (Ta) of the engine air at the inlet to the engine expressed in Kelvin, and the dry atmospheric pressure (ps), expressed in kPa shall be measured and the parameter F shall be determined according to the following provisions:

| (a) | for diesel engines:
  Naturally aspirated and mechanically supercharged engines:

  Turbocharged engines with or without cooling of the intake air |
| --- | --- |

(a)

for diesel engines:

Naturally aspirated and mechanically supercharged engines:

Turbocharged engines with or without cooling of the intake air

| (b) | for gas engines: |
| --- | --- |

(b)

for gas engines:

2.1.2.   Test Validity

For a test to be recognised as valid, the parameter F shall be such that:

0,96 ≤ F ≤ 1,06

2.2.   Engines with Charge Air Cooling

The charge air temperature shall be recorded and shall be, at the speed of the declared maximum power and full load, within ± 5 K of the maximum charge air temperature specified in Annex II, Appendix 1, section 1.16.3. The temperature of the cooling medium shall be at least 293 K (20 °C).

If a test shop system or external blower is used, the charge air temperature shall be within ± 5 K of the maximum charge air temperature specified in Annex II, Appendix 1, section 1.16.3 at the speed of the declared maximum power and full load. The setting of the charge air cooler for meeting the above conditions shall be used for the whole test cycle.

2.3.   Engine Air Intake System

An engine air intake system shall be used presenting an air intake restriction within ± 100 Pa of the upper limit of the engine operating at the speed at the declared maximum power and full load.

2.4.   Engine Exhaust System

An exhaust system shall be used presenting an exhaust back pressure within ± 1 000 Pa of the upper limit of the engine operating at the speed of declared maximum power and full load and a volume within ± 40 % of that specified by the manufacturer. A test shop system may be used, provided it represents actual engine operating conditions. The exhaust system shall conform to the requirements for exhaust gas sampling, as set out in Annex III, Appendix 4, section 3.4 and in Annex V, section 2.2.1, EP and section 2.3.1, EP.

If the engine is equipped with an exhaust aftertreatment device, the exhaust pipe must have the same diameter as found in-use for at least 4 pipe diameters upstream to the inlet of the beginning of the expansion section containing the aftertreatment device. The distance from the exhaust manifold flange or turbocharger outlet to the exhaust aftertreatment device shall be the same as in the vehicle configuration or within the distance specifications of the manufacturer. The exhaust backpressure or restriction shall follow the same criteria as above, and may be set with a valve. The aftertreatment container may be removed during dummy tests and during engine mapping, and replaced with an equivalent container having an inactive catalyst support.

2.5.   Cooling System

An engine cooling system with sufficient capacity to maintain the engine at normal operating temperatures prescribed by the manufacturer shall be used.

2.6.   Lubricating Oil

Specifications of the lubricating oil used for the test shall be recorded and presented with the results of the test, as specified in Annex II, Appendix 1, section 7.1.

2.7.   Fuel

The fuel shall be the reference fuel specified in Annex IV.

The fuel temperature and measuring point shall be specified by the manufacturer within the limits given in Annex II, Appendix 1, section 1.16.5. The fuel temperature shall not be lower than 306 K (33 °C). If not specified, it shall be 311 K ± 5 K (38 °C ± 5 °C) at the inlet to the fuel supply.

For NG and LPG fuelled engines, the fuel temperature and measuring point shall be within the limits given in Annex II, Appendix 1, section 1.16.5 or in Annex II, Appendix 3, section 1.16.5 in cases where the engine is not a parent engine.

2.8.   Testing of Exhaust Aftertreatment Systems

If the engine is equipped with an exhaust aftertreatment system, the emissions measured on the test cycle(s) shall be representative of the emissions in the field. If this cannot be achieved with one single test cycle (e.g. for particulate filters with periodic regeneration), several test cycles shall be conducted and the test results averaged and/or weighted. The exact procedure shall be agreed by the engine manufacturer and the Technical Service based upon good engineering judgement.

---

(1)  The test points shall be selected using approved statistical methods of randomisation.

Appendix 1

ESC AND ELR TEST CYCLES

1.   ENGINE AND DYNAMOMETER SETTINGS

1.1.   Determination of Engine Speeds A, B and C

The engine speeds A, B and C shall be declared by the manufacturer in accordance with the following provisions:

The high speed nhi shall be determined by calculating 70 % of the declared maximum net power P(n), as determined in Annex II, Appendix 1, section 8.2. The highest engine speed where this power value occurs on the power curve is defined as nhi.

The low speed nlo shall be determined by calculating 50 % of the declared maximum net power P(n), as determined in Annex II, Appendix 1, section 8.2. The lowest engine speed where this power value occurs on the power curve is defined as nlo.

The engine speeds A, B and C shall be calculated as follows:

Speed A = nlo + 25% (nhi - nlo)

Speed B = nlo + 50% (nhi - nlo)

Speed C = nlo + 75% (nhi - nlo)

The engine speeds A, B and C may be verified by either of the following methods:

| (a) | additional test points shall be measured during engine power approval according to Directive 80/1269/EEC for an accurate determination of nhi and nlo. The maximum power, nhi and nlo shall be determined from the power curve, and engine speeds A, B and C shall be calculated according to the above provisions. |
| --- | --- |

(a)

additional test points shall be measured during engine power approval according to Directive 80/1269/EEC for an accurate determination of nhi and nlo. The maximum power, nhi and nlo shall be determined from the power curve, and engine speeds A, B and C shall be calculated according to the above provisions.

| (b) | the engine shall be mapped along the full load curve, from maximum no load speed to idle speed, using at least 5 measurement points per 1 000 rpm intervals and measurement points within ± 50 rpm of the speed at declared maximum power. The maximum power, nhi and nlo shall be determined from this mapping curve, and engine speeds A, B and C shall be calculated according to the above provisions. |
| --- | --- |

(b)

the engine shall be mapped along the full load curve, from maximum no load speed to idle speed, using at least 5 measurement points per 1 000 rpm intervals and measurement points within ± 50 rpm of the speed at declared maximum power. The maximum power, nhi and nlo shall be determined from this mapping curve, and engine speeds A, B and C shall be calculated according to the above provisions.

If the measured engine speeds A, B and C are within ± 3 % of the engine speeds as declared by the manufacturer, the declared engine speeds shall be used for the emissions test. If the tolerance is exceeded for any of the engine speeds, the measured engine speeds shall be used for the emissions test.

1.2.   Determination of Dynamometer Settings

The torque curve at full load shall be determined by experimentation to calculate the torque values for the specified test modes under net conditions, as specified in Annex II, Appendix 1, section 8.2. The power absorbed by engine-driven equipment, if applicable, shall be taken into account. The dynamometer setting for each test mode shall be calculated using the formula:

s = P(n) x (L/100) if tested under net conditions

s = P(n) x (L/100) + (P(a) - P(b)) if not tested under net conditions

where:

| s | = dynamometer setting, kW |
| --- | --- |
| P(n) | = net engine power as indicated in Annex II, Appendix 1, section 8.2, kW |
| L | = per cent load as indicated in section 2.7.1, (%) |
| P(a) | = power absorbed by auxiliaries to be fitted as indicated in Annex II, Appendix 1, section 6.1 |
| P(b) | = power absorbed by auxiliaries to be removed as indicated in Annex II, Appendix 1, section 6.2 |

s

= dynamometer setting, kW

P(n)

= net engine power as indicated in Annex II, Appendix 1, section 8.2, kW

L

= per cent load as indicated in section 2.7.1, (%)

P(a)

= power absorbed by auxiliaries to be fitted as indicated in Annex II, Appendix 1, section 6.1

P(b)

= power absorbed by auxiliaries to be removed as indicated in Annex II, Appendix 1, section 6.2

2.   ESC TEST RUN

At the manufacturers request, a dummy test may be run for conditioning of the engine and exhaust system before the measurement cycle.

2.1.   Preparation of the Sampling Filters

At least one hour before the test, each filter (pair) shall be placed in a closed, but unsealed petri dish and placed in a weighing chamber for stabilisation. At the end of the stabilisation period, each filter (pair) shall be weighed and the tare weight shall be recorded. The filter (pair) shall then be stored in a closed petri dish or sealed filter holder until needed for testing. If the filter (pair) is not used within eight hours of its removal from the weighing chamber, it must be conditioned and reweighed before use.

2.2.   Installation of the Measuring Equipment

The instrumentation and sample probes shall be installed as required. When using a full flow dilution system for exhaust gas dilution, the tailpipe shall be connected to the system.

2.3.   Starting the Dilution System and the Engine

The dilution system and the engine shall be started and warmed up until all temperatures and pressures have stabilised at maximum power according to the recommendation of the manufacturer and good engineering practice.

2.4.   Starting the Particulate Sampling System

The particulate sampling system shall be started and running on by-pass. The particulate background level of the dilution air may be determined by passing dilution air through the particulate filters. If filtered dilution air is used, one measurement may be done prior to or after the test. If the dilution air is not filtered, measurements at the beginning and at the end of the cycle, may be done, and the values averaged.

2.5.   Adjustment of the Dilution Ratio

The dilution air shall be set such that the temperature of the diluted exhaust gas measured immediately prior to the primary filter shall not exceed 325 K (52 °C) at any mode. The dilution ratio (q) shall not be less than 4.

For systems that use CO2 or NOx concentration measurement for dilution ratio control, the CO2 or NOx content of the dilution air must be measured at the beginning and at the end of each test. The pre- and post test background CO2 or NOx concentration measurements of the dilution air must be within 100 ppm or 5 ppm of each other, respectively.

2.6.   Checking the Analysers

The emission analysers shall be set at zero and spanned.

2.7.   Test Cycle

2.7.1. The following 13-mode cycle shall be followed in dynamometer operation on the test engine

| Mode Number | Engine Speed | Percent Load | Weighting Factor | Mode Length |
| --- | --- | --- | --- | --- |
| 1 | idle | — | 0,15 | 4 minutes |
| 2 | A | 100 | 0,08 | 2 minutes |
| 3 | B | 50 | 0,10 | 2 minutes |
| 4 | B | 75 | 0,10 | 2 minutes |
| 5 | A | 50 | 0,05 | 2 minutes |
| 6 | A | 75 | 0,05 | 2 minutes |
| 7 | A | 25 | 0,05 | 2 minutes |
| 8 | B | 100 | 0,09 | 2 minutes |
| 9 | B | 25 | 0,10 | 2 minutes |
| 10 | C | 100 | 0,08 | 2 minutes |
| 11 | C | 25 | 0,05 | 2 minutes |
| 12 | C | 75 | 0,05 | 2 minutes |
| 13 | C | 50 | 0,05 | 2 minutes |

Mode Number

Engine Speed

Percent Load

Weighting Factor

Mode Length

1

idle

—

0,15

4 minutes

2

A

100

0,08

2 minutes

3

B

50

0,10

2 minutes

4

B

75

0,10

2 minutes

5

A

50

0,05

2 minutes

6

A

75

0,05

2 minutes

7

A

25

0,05

2 minutes

8

B

100

0,09

2 minutes

9

B

25

0,10

2 minutes

10

C

100

0,08

2 minutes

11

C

25

0,05

2 minutes

12

C

75

0,05

2 minutes

13

C

50

0,05

2 minutes

2.7.2.   Test Sequence

The test sequence shall be started. The test shall be performed in the order of the mode numbers as set out in section 2.7.1.

The engine must be operated for the prescribed time in each mode, completing engine speed and load changes in the first 20 seconds. The specified speed shall be held to within ± 50 rpm and the specified torque shall be held to within ± 2 % of the maximum torque at the test speed.

At the manufacturers request, the test sequence may be repeated a sufficient number of times for sampling more particulate mass on the filter. The manufacturer shall supply a detailed description of the data evaluation and calculation procedures. The gaseous emissions shall only be determined on the first cycle.

2.7.3.   Analyser Response

The output of the analysers shall be recorded on a strip chart recorder or measured with an equivalent data acquisition system with the exhaust gas flowing through the analysers throughout the test cycle.

2.7.4.   Particulate Sampling

One pair of filters (primary and back-up filters, see Annex III, Appendix 4) shall be used for the complete test procedure. The modal weighting factors specified in the test cycle procedure shall be taken into account by taking a sample proportional to the exhaust mass flow during each individual mode of the cycle. This can be achieved by adjusting sample flow rate, sampling time, and/or dilution ratio, accordingly, so that the criterion for the effective weighting factors in section 5.6 is met.

The sampling time per mode must be at least 4 seconds per 0,01 weighting factor. Sampling must be conducted as late as possible within each mode. Particulate sampling shall be completed no earlier than 5 seconds before the end of each mode.

2.7.5.   Engine Conditions

The engine speed and load, intake air temperature and depression, exhaust temperature and backpressure, fuel flow and air or exhaust flow, charge air temperature, fuel temperature and humidity shall be recorded during each mode, with the speed and load requirements (see section 2.7.2) being met during the time of particulate sampling, but in any case during the last minute of each mode.

Any additional data required for calculation shall be recorded (see sections 4 and 5).

2.7.6.   NOx Check within the Control Area

The NOx check within the control area shall be performed immediately upon completion of mode 13.

The engine shall be conditioned at mode 13 for a period of three minutes before the start of the measurements. Three measurements shall be made at different locations within the control area, selected by the Technical Service (1). The time for each measurement shall be 2 minutes.

The measurement procedure is identical to the NOx measurement on the 13-mode cycle, and shall be carried out in accordance with sections 2.7.3, 2.7.5, and 4.1 of this Appendix, and Annex III, Appendix 4, section 3.

The calculation shall be carried out in accordance with section 4.

2.7.7.   Rechecking the Analysers

After the emission test a zero gas and the same span gas shall be used for rechecking. The test will be considered acceptable if the difference between the pre-test and post-test results is less than 2 % of the span gas value.

3.   ELR TEST RUN

3.1.   Installation of the Measuring Equipment

The opacimeter and sample probes, if applicable, shall be installed after the exhaust silencer or any aftertreatment device, if fitted, according to the general installation procedures specified by the instrument manufacturer. Additionally, the requirements of section 10 of ISO IDS 11614 shall be observed, where appropriate.

Prior to any zero and full scale checks, the opacimeter shall be warmed up and stabilised according to the instrument manufacturer's recommendations. If the opacimeter is equipped with a purge air system to prevent sooting of the meter optics, this system shall also be activated and adjusted according to the manufacturer's recommendations.

3.2.   Checking of the Opacimeter

The zero and full scale checks shall be made in the opacity readout mode, since the opacity scale offers two truly definable calibration points, namely 0 % opacity and 100 % opacity. The light absorption coefficient is then correctly calculated based upon the measured opacity and the LA, as submitted by the opacimeter manufacturer, when the instrument is returned to the k readout mode for testing.

With no blockage of the opacimeter light beam, the readout shall be adjusted to 0,0 % ± 1,0 % opacity. With the light being prevented from reaching the receiver, the readout shall be adjusted to 100,0 % ± 1,0 % opacity.

3.3.   Test Cycle

3.3.1.   Conditioning of the Engine

Warming up of the engine and the system shall be at maximum power in order to stabilise the engine parameters according to the recommendation of the manufacturer. The preconditioning phase should also protect the actual measurement against the influence of deposits in the exhaust system from a former test.

When the engine is stabilised, the cycle shall be started within 20 ± 2 s after the preconditioning phase. At the manufacturers request, a dummy test may be run for additional conditioning before the measurement cycle.

3.3.2.   Test Sequence

The test consists of a sequence of three load steps at each of the three engine speeds A (cycle 1), B (cycle 2) and C (cycle 3) determined in accordance with Annex III, section 1.1, followed by cycle 4 at a speed within the control area and a load between 10 % and 100 %, selected by the Technical Service (2). The following sequence shall be followed in dynamometer operation on the test engine, as shown in Figure 3.

Figure 3

Sequence of ELR Test

Image

| (a) | The engine shall be operated at engine speed A and 10 per cent load for 20 ± 2 s. The specified speed shall be held to within ± 20 rpm and the specified torque shall be held to within ± 2% of the maximum torque at the test speed. |
| --- | --- |

(a)

The engine shall be operated at engine speed A and 10 per cent load for 20 ± 2 s. The specified speed shall be held to within ± 20 rpm and the specified torque shall be held to within ± 2% of the maximum torque at the test speed.

| (b) | At the end of the previous segment, the speed control lever shall be moved rapidly to, and held in, the wide open position for 10 ± 1 s. The necessary dynamometer load shall be applied to keep the engine speed within ± 150 rpm during the first 3 s, and within ± 20 rpm during the rest of the segment. |
| --- | --- |

(b)

At the end of the previous segment, the speed control lever shall be moved rapidly to, and held in, the wide open position for 10 ± 1 s. The necessary dynamometer load shall be applied to keep the engine speed within ± 150 rpm during the first 3 s, and within ± 20 rpm during the rest of the segment.

| (c) | The sequence described in (a) and (b) shall be repeated two times. |
| --- | --- |

(c)

The sequence described in (a) and (b) shall be repeated two times.

| (d) | Upon completion of the third load step, the engine shall be adjusted to engine speed B and 10 per cent load within 20 ± 2 s. |
| --- | --- |

(d)

Upon completion of the third load step, the engine shall be adjusted to engine speed B and 10 per cent load within 20 ± 2 s.

| (e) | The sequence (a) to (c) shall be run with the engine operating at engine speed B. |
| --- | --- |

(e)

The sequence (a) to (c) shall be run with the engine operating at engine speed B.

| (f) | Upon completion of the third load step, the engine shall be adjusted to engine speed C and 10 per cent load within 20 ± 2 s. |
| --- | --- |

(f)

Upon completion of the third load step, the engine shall be adjusted to engine speed C and 10 per cent load within 20 ± 2 s.

| (g) | The sequence (a) to (c) shall be run with the engine operating at engine speed C. |
| --- | --- |

(g)

The sequence (a) to (c) shall be run with the engine operating at engine speed C.

| (h) | Upon completion of the third load step, the engine shall be adjusted to the selected engine speed and any load above 10 per cent within 20 ± 2 s. |
| --- | --- |

(h)

Upon completion of the third load step, the engine shall be adjusted to the selected engine speed and any load above 10 per cent within 20 ± 2 s.

| (i) | The sequence (a) to (c) shall be run with the engine operating at the selected engine speed. |
| --- | --- |

(i)

The sequence (a) to (c) shall be run with the engine operating at the selected engine speed.

3.4.   Cycle Validation

The relative standard deviations of the mean smoke values at each test speed (SVA, SVB, SVC, as calculated in accordance with section 6.3.3 of this Appendix from the three successive load steps at each test speed) shall be lower than 15 % of the mean value, or 10 % of the limit value shown in Table 1 of Annex I, whichever is greater. If the difference is greater, the sequence shall be repeated until 3 successive load steps meet the validation criteria.

3.5.   Rechecking of the Opacimeter

The post-test opacimeter zero drift value shall not exceed ± 5,0 % of the limit value shown in Table 1 of Annex I.

4.   CALCULATION OF THE GASEOUS EMISSIONS

4.1.   Data Evaluation

For the evaluation of the gaseous emissions, the chart reading of the last 30 seconds of each mode shall be averaged, and the average concentrations (conc) of HC, CO and NOx during each mode shall be determined from the average chart readings and the corresponding calibration data. A different type of recording can be used if it ensures an equivalent data acquisition.

For the NOx check within the control area, the above requirements apply for NOx, only.

The exhaust gas flow GEXHW or the diluted exhaust gas flow GTOTW, if used optionally, shall be determined in accordance with Annex III, Appendix 4, section 2.3.

4.2.   Dry/wet correction

The measured concentration shall be converted to a wet basis according to the following formulae, if not already measured on a wet basis.

conc (wet) = Kw x conc (dry)

For the raw exhaust gas:

Formula

and,

Formula

For the diluted exhaust gas:

Formula

or,

Formula

| For the dilution air | For the intake air (if different from the dilution air) |
| --- | --- |
| KW,d = 1 - KW1 | KW,a = 1 - KW2 |
| | |
| | |

For the dilution air

For the intake air (if different from the dilution air)

KW,d = 1 - KW1

KW,a = 1 - KW2

Formula

Formula

Formula

Formula

where:

| Ha, Hd | = | = g water per kg dry air |
| --- | --- | --- |
| Rd, Ra | = | = relative humidity of the dilution/intake air, % |
| pd, pa | = | = saturation vapour pressure of the dilution/intake air, kPa |
| pB | = | = total barometric pressure, kPa |

Ha, Hd

=

= g water per kg dry air

Rd, Ra

=

= relative humidity of the dilution/intake air, %

pd, pa

=

= saturation vapour pressure of the dilution/intake air, kPa

pB

=

= total barometric pressure, kPa

4.3.   NOx Correction for Humidity and Temperature

As the NOx emission depends on ambient air conditions, the NOx concentration shall be corrected for ambient air temperature and humidity with the factors given in the following formulae:

Formula

with:

| A | = 0,309 GFUEL/GAIRD - 0,0266 |
| --- | --- |
| B | = - 0,209 GFUEL/GAIRD + 0,00954 |
| Ta | = temperature of the air, K |
| Ha | = humidity of the intake air, g water per kg dry air |

A

= 0,309 GFUEL/GAIRD - 0,0266

B

= - 0,209 GFUEL/GAIRD + 0,00954

Ta

= temperature of the air, K

Ha

= humidity of the intake air, g water per kg dry air

Formula

in which.

| Ra | = | = relative humidity of the intake air, % |
| --- | --- | --- |
| pa | = | = saturation vapour pressure of the intake air, kPa |
| pB | = | = total barometric pressure, kPa |

Ra

=

= relative humidity of the intake air, %

pa

=

= saturation vapour pressure of the intake air, kPa

pB

=

= total barometric pressure, kPa

4.4.   Calculation of the Emission Mass Flow Rates

The emission mass flow rates (g/h) for each mode shall be calculated as follows, assuming the exhaust gas density to be 1,293 kg/m3 at 273 K (0 °C) and 101,3 kPa:

(1) NOx mass = 0,001587 x NOx conc x KH,D x GEXHW

(2) COx mass = 0,000966 x COconc x GEXHW

(3) HCmass = 0,000479 x HCconc x GEXHW

where NOx conc, COconc, HCconc
   (3) are the average concentrations (ppm) in the raw exhaust gas, as determined in section 4.1.

If, optionally, the gaseous emissions are determined with a full flow dilution system, the following formulae shall be applied:

(1) NOx mass = 0,001587 x NOx conc x KH,D x GTOTW

(2) COx mass = 0,000966 x COconc x GTOTW

(3) HCmass = 0,000479 x HCconc x GTOTW

where NOx conc, COconc, HCconc
   (4) are the average background corrected concentrations (ppm) of each mode in the diluted exhaust gas, as determined in Annex III, Appendix 2, section 4.3.1.1.

4.5.   Calculation of the Specific Emissions

The emissions (g/kWh) shall be calculated for all individual components in the following way:

Formula

Formula

Formula

The weighting factors (WF) used in the above calculation are according to section 2.7.1.

4.6.   Calculation of the Area Control Values

For the three control points selected according to section 2.7.6, the NOx emission shall be measured and calculated according to section 4.6.1 and also determined by interpolation from the modes of the test cycle closest to the respective control point according to section 4.6.2. The measured values are then compared to the interpolated values according to section 4.6.3.

4.6.1.   Calculation of the Specific Emission

The NOx emission for each of the control points (Z) shall be calculated as follows:

NOx mass,Z = 0,001587 x NOx conc,Z x KH,D x GEXHW

Formula

4.6.2.   Determination of the Emission Value from the Test Cycle

The NOx emission for each of the control points shall be interpolated from the four closest modes of the test cycle that envelop the selected control point Z as shown in Figure 4. For these modes (R, S, T, U), the following definitions apply:

| Speed (R) | = Speed (T) = nRT |
| --- | --- |
| Speed (S) | = Speed (U) = nSU |
| Per cent load (R) | = Per cent load (S) |
| Per cent load (T) | = Per cent load (U). |

Speed (R)

= Speed (T) = nRT

Speed (S)

= Speed (U) = nSU

Per cent load (R)

= Per cent load (S)

Per cent load (T)

= Per cent load (U).

The NOx emission of the selected control point Z shall be calculated as follows:

Formula

and:

Formula

Formula

Formula

Formula

where,

| ER, ES, ET, EU | = specific NOx emission of the enveloping modes calculated in accordance with section 4.6.1. |
| --- | --- |
| MR, MS, MT, MU | = engine torque of the enveloping modes |

ER, ES, ET, EU

= specific NOx emission of the enveloping modes calculated in accordance with section 4.6.1.

MR, MS, MT, MU

= engine torque of the enveloping modes

Figure 4

Interpolation of NOx Control Point

Image

4.6.3.   Comparison of NOx Emission Values

The measured specific NOx emission of the control point Z (NOx,Z) is compared to the interpolated value (EZ) as follows:

Formula

5.   CALCULATION OF THE PARTICULATE EMISSION

5.1.   Data Evaluation

For the evaluation of the particulates, the total sample masses (MSAM,i) through the filters shall be recorded for each mode.

The filters shall be returned to the weighing chamber and conditioned for at least one hour, but not more than 80 hours, and then weighed. The gross weight of the filters shall be recorded and the tare weight (see section 1 of this Appendix) subtracted. The particulate mass Mf is the sum of the particulate masses collected on the primary and back-up filters.

If background correction is to be applied, the dilution air mass (MDIL) through the filters and the particulate mass (Md) shall be recorded. If more than one measurement was made, the quotient Md/MDIL must be calculated for each single measurement and the values averaged.

5.2.   Partial Flow Dilution System

The final reported test results of the particulate emission shall be determined through the following steps. Since various types of dilution rate control may be used, different calculation methods for GEDFW apply. All calculations shall be based upon the average values of the individual modes during the sampling period.

5.2.1.   Isokinetic Systems

GEDFW,i = GEXHW,i x qI

Formula

where r corresponds to the ratio of the cross sectional areas of the isokinetic probe and the exhaust pipe:

Formula

5.2.2.   Systems with Measurement of CO2 or NOx Concentration

GEDF W,i = GEXH W,i × qi

Formula

where:

| concE | = | = wet concentration of the tracer gas in the raw exhaust |
| --- | --- | --- |
| concD | = | = wet concentration of the tracer gas in the diluted exhaust |
| concA | = | = wet concentration of the tracer gas in the dilution air |

concE

=

= wet concentration of the tracer gas in the raw exhaust

concD

=

= wet concentration of the tracer gas in the diluted exhaust

concA

=

= wet concentration of the tracer gas in the dilution air

Concentrations measured on a dry basis shall be converted to a wet basis according to section 4.2 of this Appendix.

5.2.3.   Systems with CO2 Measurement and Carbon Balance Method (5)

Formula

where:

| CO2D | = CO2 concentration of the diluted exhaust |
| --- | --- |
| CO2A | = CO2 concentration of the dilution air
  (concentrations in vol % on wet basis) |

CO2D

= CO2 concentration of the diluted exhaust

CO2A

= CO2 concentration of the dilution air

(concentrations in vol % on wet basis)

This equation is based upon the carbon balance assumption (carbon atoms supplied to the engine are emitted as CO2) and determined through the following steps:

GEDFW,i = GEXHW,i x qi

and

Formula

5.2.4.   Systems with Flow Measurement

GEDF W,i = GEXH W,i × qi

Formula

5.3.   Full Flow Dilution System

The reported test results of the particulate emission shall be determined through the following steps. All calculations shall be based upon the average values of the individual modes during the sampling period.

GEDFW,i = GTOTW,i

5.4.   Calculation of the Particulate Mass Flow Rate

The particulate mass flow rate shall be calculated as follows:

Formula

where

| | = | |
| --- | --- | --- |
| MSAM | = | |
| i | = | = 1, ... n |

Formula

=

Formula

MSAM

=

Formula

i

=

= 1, ... n

determined over the test cycle by summation of the average values of the individual modes during the sampling period.

The particulate mass flow rate may be background corrected as follows:

Formula

If more than one measurement is made, Formula shall be replaced with Formula.

Formula for the individual modes

or,

Formula for the individual modes.

5.5.   Calculation of the Specific Emission

The particulate emission shall be calculated in the following way:

Formula

5.6.   Effective Weighting Factor

The effective weighting factor WFE,i for each mode shall be calculated in the following way:

Formula

The value of the effective weighting factors shall be within ± 0,003 (± 0,005 for the idle mode) of the weighting factors listed in section 2.7.1.

6.   CALCULATION OF THE SMOKE VALUES

6.1.   Bessel Algorithm

The Bessel algorithm shall be used to compute the 1 s average values from the instantaneous smoke readings, converted in accordance with section 6.3.1. The algorithm emulates a low pass second order filter, and its use requires iterative calculations to determine the coefficients. These coefficients are a function of the response time of the opacimeter system and the sampling rate. Therefore, section 6.1.1 must be repeated whenever the system response time and/or sampling rate changes.

6.1.1.   Calculation of Filter Response Time and Bessel Constants

The required Bessel response time (tF) is a function of the physical and electrical response times of the opacimeter system, as specified in Annex III, Appendix 4, section 5.2.4, and shall be calculated by the following equation:

Formula

where:

| tp | = | = physical response time, s |
| --- | --- | --- |
| te | = | = electrical response time, s |

tp

=

= physical response time, s

te

=

= electrical response time, s

The calculations for estimating the filter cut-off frequency (fc) are based on a step input 0 to 1 in ≤ 0,01 s (see Annex VII). The response time is defined as the time between when the Bessel output reaches 10 % (t10) and when it reaches 90% (t90) of this step function. This must be obtained by iterating on fc until t90-t10-tF. The first iteration for fc is given by the following formula:

Formula

The Bessel constants E and K shall be calculated by the following equations:

Formula

K = 2 × E × (D × Ω2 - 1) - 1

where:

| D | = | 0,618034 |
| --- | --- | --- |
| Δt | = | |
| Ω | = | |

D

=

0,618034

Δt

=

Formula

Ω

=

Formula

6.1.2   Calculation of the Bessel Algorithm

Using the values of E and K, the 1 s Bessel averaged response to a step input Si shall be calculated as follows:

Yi = Yi - 1 + E x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + K x (Yi - 1 - Yi - 2)

where:

| Si-2 | = | Si-1 = 0 |
| --- | --- | --- |
| Si | = | 1 |
| Yi-2 | = | Yi-1 = 0 |

Si-2

=

Si-1 = 0

Si

=

1

Yi-2

=

Yi-1 = 0

The times t10 and t90 shall be interpolated. The difference in time between t90 and t10 defines the response time tF for that value of fc. If this response time is not close enough to the required response time, iteration shall be continued until the actual response time is within 1 % of the required response as follows:

((t90 - t10) - tF) ≤ 0,01 x tF

6.2.   Data Evaluation

The smoke measurement values shall be sampled with a minimum rate of 20 Hz.

6.3.   Determination of Smoke

6.3.1.   Data Conversion

Since the basic measurement unit of all opacimeters is transmittance, the smoke values shall be converted from transmittance (τ) to the light absorption coefficient (k) as follows:

Formula

and

N = 100—τ

where:

| k | = | light absorption coefficient, m-1 |
| --- | --- | --- |
| LA | = | = effective optical path length, as submitted by instrument manufacturer, m |
| N | = | = opacity, % |
| τ | = | = transmittance, % |

k

=

light absorption coefficient, m-1

LA

=

= effective optical path length, as submitted by instrument manufacturer, m

N

=

= opacity, %

τ

=

= transmittance, %

The conversion shall be applied, before any further data processing is made.

6.3.2   Calculation of Bessel Averaged Smoke

The proper cut-off frequency fc is the one that produces the required filter response time tF. Once this frequency has been determined through the iterative process of section 6.1.1, the proper Bessel algorithm constants E and K shall be calculated. The Bessel algorithm shall then be applied to the instantaneous smoke trace (k-value), as described in section 6.1.2:

Yi = Yi - 1 + E x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + K x (Yi - 1 - Yi - 2)

The Bessel algorithm is recursive in nature. Thus, it needs some initial input values of Si-1 and Si-2 and initial output values Yi-1 and Yi-2 to get the algorithm started. These may be assumed to be 0.

For each load step of the three speeds A, B and C, the maximum 1s value Ymax shall be selected from the individual Yi values of each smoke trace.

6.3.3.   Final Result

The mean smoke values (SV) from each cycle (test speed) shall be calculated as follows:

| For test speed A: | SVA = (Ymax1,A + Ymax2,A + Ymax3,A) / 3 |
| --- | --- |
| For test speed B: | SVB = (Ymax1,B + Ymax2,B + Ymax3,B) / 3 |
| For test speed C: | SVC = SVC = (Ymax1,C + Ymax2,C + Ymax3,C) / 3 |

For test speed A:

SVA = (Ymax1,A + Ymax2,A + Ymax3,A) / 3

For test speed B:

SVB = (Ymax1,B + Ymax2,B + Ymax3,B) / 3

For test speed C:

SVC = SVC = (Ymax1,C + Ymax2,C + Ymax3,C) / 3

where:

| Ymax1, Ymax2, Ymax3 | = highest 1 s Bessel averaged smoke value at each of the three load steps |
| --- | --- |

Ymax1, Ymax2, Ymax3

= highest 1 s Bessel averaged smoke value at each of the three load steps

The final value shall be calculated as follows:

SV = (0,43 x SVA) + (0,56 x SVB) + (0,01 x SVC)

---

(1)  The test points shall be selected using approved statistical methods of randomisation.

(2)  The test points shall be selected using approved statistical methods of randomisation.

(3)  Based on C1 equivalent.

(4)  Based on C1 equivalent.

(5)  The value is only valid for the reference fuel specified in Annex I.

Appendix 2

ETC TEST CYCLE

1.   ENGINE MAPPING PROCEDURE

1.1.   Determination of the Mapping Speed Range

For generating the ETC on the test cell, the engine needs to be mapped prior to the test cycle for determining the speed vs. torque curve. The minimum and maximum mapping speeds are defined as follows:

| Minimum mapping speed | = idle speed |
| --- | --- |
| Maximum mapping speed | = nhi x 1,02 or speed where full load torque drops off to zero, whichever is lower |

Minimum mapping speed

= idle speed

Maximum mapping speed

= nhi x 1,02 or speed where full load torque drops off to zero, whichever is lower

1.2.   Performing the Engine Power Map

The engine shall be warmed up at maximum power in order to stabilise the engine parameters according to the recommendation of the manufacturer and good engineering practice. When the engine is stabilised, the engine map shall be performed as follows:

| (a) | the engine shall be unloaded and operated at idle speed; |
| --- | --- |

(a)

the engine shall be unloaded and operated at idle speed;

| (b) | the engine shall be operated at full load setting of the injection pump at minimum mapping speed; |
| --- | --- |

(b)

the engine shall be operated at full load setting of the injection pump at minimum mapping speed;

| (c) | the engine speed shall be increased at an average rate of 8 ± 1 min-1 /s from minimum to maximum mapping speed. Engine speed and torque points shall be recorded at a sample rate of a least one point per second. |
| --- | --- |

(c)

the engine speed shall be increased at an average rate of 8 ± 1 min-1 /s from minimum to maximum mapping speed. Engine speed and torque points shall be recorded at a sample rate of a least one point per second.

1.3.   Mapping Curve Generation

All data points recorded under section 1.2 shall be connected using linear interpolation between points. The resulting torque curve is the mapping curve and shall be used to convert the normalised torque values of the engine cycle into actual torque values for the test cycle, as described in section 2.

1.4.   Alternate Mapping

If a manufacturer believes that the above mapping techniques are unsafe or unrepresentative for any given engine, alternate mapping techniques may be used. These alternate techniques must satisfy the intent of the specified mapping procedures to determine the maximum available torque at all engine speeds achieved during the test cycles. Deviations from the mapping techniques specified in this section for reasons of safety or representativeness shall be approved by the Technical Service along with the justification for their use. In no case, however, shall descending continual sweeps of engine speed be used for governed or turbocharged engines.

1.5.   Replicate Tests

An engine need not be mapped before each and every test cycle. An engine shall be remapped prior to a test cycle if:

| — | an unreasonable amount of time has transpired since the last map, as determined by engineering judgement, |
| --- | --- |

—

an unreasonable amount of time has transpired since the last map, as determined by engineering judgement,

or

| — | physical changes or recalibrations have been made to the engine which may potentially affect engine performance. |
| --- | --- |

—

physical changes or recalibrations have been made to the engine which may potentially affect engine performance.

2.   GENERATION OF THE REFERENCE TEST CYCLE

The transient test cycle is described in Appendix 3 to this Annex. The normalised values for torque and speed shall be changed to the actual values, as follows, resulting in the reference cycle.

2.1.   Actual Speed

The speed shall be unnormalised using the following equation:

Formula

The reference speed (nref) corresponds to the 100 % speed values specified in the engine dynamometer schedule of Appendix 3. It is defined as follows (see Figure 1 of Annex I):

nref = nlo + 95 % x (nhi - nlo)

where nhi and nlo are either specified according to Annex I, section 2 or determined according to Annex III, Appendix 1, section 1.1.

2.2.   Actual torque

The torque is normalised to the maximum torque at the respective speed. The torque values of the reference cycle shall be unnormalised, using the mapping curve determined according to section 1.3, as follows:

Actual torque = (torque % x max. torque/100)

for the respective actual speed as determined in section 2.1.

The negative torque values of the motoring points ( ‘m‧) shall take on, for purposes of reference cycle generation, unnormalised values determined in either of the following ways:

| — | negative 40 % of the positive torque available at the associated speed point, |
| --- | --- |

—

negative 40 % of the positive torque available at the associated speed point,

| — | mapping of the negative torque required to motor the engine from minimum to maximum mapping speed, |
| --- | --- |

—

mapping of the negative torque required to motor the engine from minimum to maximum mapping speed,

| — | determination of the negative torque required to motor the engine at idle and reference speeds and linear interpolation between these two points. |
| --- | --- |

—

determination of the negative torque required to motor the engine at idle and reference speeds and linear interpolation between these two points.

2.3.   Example of the Unnormalisation Procedure

As an example, the following test point shall be unnormalised:

| speed | = 43 % |
| --- | --- |
| torque | = 82 % |

speed

= 43 %

torque

= 82 %

Given the following values:

| reference speed | = 2 200 min- 1 |
| --- | --- |
| idle speed | = 600 min- 1 |

reference speed

= 2 200 min- 1

idle speed

= 600 min- 1

results in,

actual speed = (43 x (2 200 - 600)/100) + 600 = 1 288 min-1

actual torque = (82 x 700/100) = 574 Nm

where the maximum torque observed from the mapping curve at 1 288 min- 1 700 Nm.

3.   EMISSIONS TEST RUN

At the manufacturers request, a dummy test may be run for conditioning of the engine and exhaust system before the measurement cycle.

NG and LPG fuelled engines shall be run-in using the ETC test. The engine shall be run over a minimum of two ETC cycles and until the CO emission measured over one ETC cycle does not exceed by more than 10 % the CO emission measured over the previous ETC cycle.

3.1.   Preparation of the Sampling Filters (Diesel Engines Only)

At least one hour before the test, each filter (pair) shall be placed in a closed, but unsealed petri dish and placed in a weighing chamber for stabilisation. At the end of the stabilisation period, each filter (pair) shall be weighed and the tare weight shall be recorded. The filter (pair) shall then be stored in a closed petri dish or sealed filter holder until needed for testing. If the filter (pair) is not used within eight hours of its removal from the weighing chamber, it must be conditioned and reweighed before use.

3.2.   Installation of the Measuring Equipment

The instrumentation and sample probes shall be installed as required. The tailpipe shall be connected to the full flow dilution system.

3.3.   Starting the Dilution System and the Engine

The dilution system and the engine shall be started and warmed up until all temperatures and pressures have stabilised at maximum power according to the recommendation of the manufacturer and good engineering practice.

3.4.   Starting the Particulate Sampling System (Diesel Engines Only)

The particulate sampling system shall be started and running on by-pass. The particulate background level of the dilution air may be determined by passing dilution air through the particulate filters. If filtered dilution air is used, one measurement may be done prior to or after the test. If the dilution air is not filtered, measurements at the beginning and at the end of the cycle, may be done, and the values averaged.

3.5.   Adjustment of the Full Flow Dilution System

The total diluted exhaust gas flow shall be set to eliminate water condensation in the system, and to obtain a maximum filter face temperature of 325 K (52 °C) or less (see Annex V, section 2.3.1, DT).

3.6.   Checking the Analysers

The emission analysers shall be set at zero and spanned. If sample bags are used, they shall be evacuated.

3.7.   Engine Starting Procedure

The stabilised engine shall be started according to the manufacturer's recommended starting procedure in the owner's manual, using either a production starter motor or the dynamometer. Optionally, the test may start directly from the engine preconditioning phase without shutting the engine off, when the engine has reached the idle speed.

3.8.   Test Cycle

3.8.1.   Test Sequence

The test sequence shall be started, if the engine has reached idle speed. The test shall be performed according to the reference cycle as set out in section 2 of this Appendix. Engine speed and torque command set points shall be issued at 5 Hz (10 Hz recommended) or greater. Feedback engine speed and torque shall be recorded at least once every second during the test cycle, and the signals may be electronically filtered.

3.8.2.   Analyser Response

At the start of the engine or test sequence, if the cycle is started directly from the preconditioning, the measuring equipment shall be started, simultaneously:

| — | start collecting or analysing dilution air; |
| --- | --- |

—

start collecting or analysing dilution air;

| — | start collecting or analysing diluted exhaust gas; |
| --- | --- |

—

start collecting or analysing diluted exhaust gas;

| — | start measuring the amount of diluted exhaust gas (CVS) and the required temperatures and pressures; |
| --- | --- |

—

start measuring the amount of diluted exhaust gas (CVS) and the required temperatures and pressures;

| — | start recording the feedback data of speed and torque of the dynamometer. |
| --- | --- |

—

start recording the feedback data of speed and torque of the dynamometer.

HC and NOx shall be measured continuously in the dilution tunnel with a frequency of 2 Hz. The average concentrations shall be determined by integrating the analyser signals over the test cycle. The system response time shall be no greater than 20 s, and shall be coordinated with CVS flow fluctuations and sampling time/test cycle offsets, if necessary. CO, CO2, NMHC and CH4 shall be determined by integration or by analysing the concentrations in the sample bag, collected over the cycle. The concentrations of the gaseous pollutants in the dilution air shall be determined by integration or by collecting into the background bag. All other values shall be recorded with a minimum of one measurement per second (1 Hz).

3.8.3.   Particulate Sampling (Diesel Engines Only)

At the start of the engine or test sequence, if the cycle is started directly from the preconditioning, the particulate sampling system shall be switched from by-pass to collecting particulates.

If no flow compensation is used, the sample pump(s) shall be adjusted so that the flow rate through the particulate sample probe or transfer tube is maintained at a value within ± 5 % of the set flow rate. If flow compensation (i.e. proportional control of sample flow) is used, it must be demonstrated that the ratio of main tunnel flow to particulate sample flow does not change by more than ± 5 % of its set value (except for the first 10 seconds of sampling).

Note: For double dilution operation, sample flow is the net difference between the flow rate through the sample filters and the secondary dilution air flow rate.

The average temperature and pressure at the gas meter(s) or flow instrumentation inlet shall be recorded. If the set flow rate cannot be maintained over the complete cycle (within ± 5 %) because of high particulate loading on the filter, the test shall be voided. The test shall be rerun using a lower flow rate and/or a larger diameter filter.

3.8.4   Engine Stalling

If the engine stalls anywhere during the test cycle, the engine shall be preconditioned and restarted, and the test repeated. If a malfunction occurs in any of the required test equipment during the test cycle, the test shall be voided.

3.8.5.   Operations After Test

At the completion of the test, the measurement of the diluted exhaust gas volume, the gas flow into the collecting bags and the particulate sample pump shall be stopped. For an integrating analyser system, sampling shall continue until system response times have elapsed.

The concentrations of the collecting bags, if used, shall be analysed as soon as possible and in any case not later than 20 minutes after the end of the test cycle.

After the emission test, a zero gas and the same span gas shall be used for re-checking the analysers. The test will be considered acceptable if the difference between the pre-test and post-test results is less than 2 % of the span gas value.

For diesel engines only, the particulate filters shall be returned to the weighing chamber no later than one hour after completion of the test and shall be conditioned in a closed, but unsealed petri dish for at least one hour, but not more than 80 hours before weighing.

3.9.   Verification of the Test Run

3.9.1.   Data Shift

To minimise the biasing effect of the time lag between the feedback and reference cycle values, the entire engine speed and torque feedback signal sequence may be advanced or delayed in time with respect to the reference speed and torque sequence. If the feedback signals are shifted, both speed and torque must be shifted the same amount in the same direction.

3.9.2   Calculation of the Cycle Work

The actual cycle work Wact (kWh) shall be calculated using each pair of engine feedback speed and torque values recorded. This shall be done after any feedback data shift has occurred, if this option is selected. The actual cycle work Wact is used for comparison to the reference cycle work Wref and for calculating the brake specific emissions (see sections 4.4 and 5.2). The same methodology shall be used for integrating both reference and actual engine power. If values are to be determined between adjacent reference or adjacent measured values, linear interpolation shall be used.

In integrating the reference and actual cycle work, all negative torque values shall be set equal to zero and included. If integration is performed at a frequency of less than 5 Hertz, and if, during a given time segment, the torque value changes from positive to negative or negative to positive, the negative portion shall be computed and set equal to zero. The positive portion shall be included in the integrated value.

Wact shall be between - 15 % and + 5 % of Wref.

3.9.3.   Validation Statistics of the Test Cycle

Linear regressions of the feedback values on the reference values shall be performed for speed, torque and power. This shall be done after any feedback data shift has occurred, if this option is selected. The method of least squares shall be used, with the best fit equation having the form:

y = mx + b

where:

| y | = | Feedback (actual) value of speed (min-1), torque (Nm), or power (kW) |
| --- | --- | --- |
| m | = | slope of the regression line |
| x | = | reference value of speed (min-1), torque (Nm), or power (kW) |
| b | = | y intercept of the regression line |

y

=

Feedback (actual) value of speed (min-1), torque (Nm), or power (kW)

m

=

slope of the regression line

x

=

reference value of speed (min-1), torque (Nm), or power (kW)

b

=

y intercept of the regression line

The standard error of estimate (SE) of y on x and the coefficient of determination (r2) shall be calculated for each regression line.

It is recommended that this analysis be performed at 1 Hertz. All negative reference torque values and the associated feedback values shall be deleted from the calculation of cycle torque and power validation statistics. For a test to be considered valid, the criteria of table 6 must be met.

Table 6

Regression line tolerances

| | Speed | Torque | Power |
| --- | --- | --- | --- |
| Standard error of estimate (SE) of Y on X | Max 100 min-1 | Max 13 % (15 %) (1) of power map maximum engine torque | Max 8 % (15 %) (1) of power map maximum engine power |
| Slope of the regression line, m | 0,95 to 1,03 | 0,83-1,03 | 0,89-1,03
  (0,83-1,03) (1) |
| Coefficient of determination, r2 | min 0,9700 (min 0,9500) (1) | min 0,8800 (min 0,7500) (1) | min 0,9100 (min 0,7500) (1) |
| Y intercept of the regression line, b | ± 50 min-1 | ± 20 Nm or ± 2 %
  (± 20 Nm or ± 3 %) (1) of max torque whichever is greater | ± 4 kW or ± 2 % (± 4 kW or ± 3 %) (1) of max power whichever is greater |

Speed

Torque

Power

Standard error of estimate (SE) of Y on X

Max 100 min-1

Max 13 % (15 %) (1) of power map maximum engine torque

Max 8 % (15 %) (1) of power map maximum engine power

Slope of the regression line, m

0,95 to 1,03

0,83-1,03

0,89-1,03

(0,83-1,03) (1)

Coefficient of determination, r2

min 0,9700 (min 0,9500) (1)

min 0,8800 (min 0,7500) (1)

min 0,9100 (min 0,7500) (1)

Y intercept of the regression line, b

± 50 min-1

± 20 Nm or ± 2 %

(± 20 Nm or ± 3 %) (1) of max torque whichever is greater

± 4 kW or ± 2 % (± 4 kW or ± 3 %) (1) of max power whichever is greater

Point deletions from the regression analyses are permitted where noted in Table 7.

Table 7

Permitted Point Deletions From Regression Analysis

| Conditions | Points to be deleted |
| --- | --- |
| Full load and torque feedback < torque reference | Torque and/or power |
| No load, not an idle point, and torque feedback > torque reference | Torque and/or power |
| No load/closed throttle, idle point and speed > reference idle speed | Speed and/or power |

Conditions

Points to be deleted

Full load and torque feedback < torque reference

Torque and/or power

No load, not an idle point, and torque feedback > torque reference

Torque and/or power

No load/closed throttle, idle point and speed > reference idle speed

Speed and/or power

4.   CALCULATION OF THE GASEOUS EMISSIONS

4.1.   Determination of the Diluted Exhaust Gas Flow

The total diluted exhaust gas flow over the cycle (kg/test) shall be calculated from the measurement values over the cycle and the corresponding calibration data of the flow measurement device (V0 for PDP or KV for CFV, as determined in Annex III, Appendix 5, section 2). The following formulae shall be applied, if the temperature of the diluted exhaust is kept constant over the cycle by using a heat exchanger (± 6 K for a PDP-CVS, ± 11 K for a CFV-CVS, see Annex V, section 2.3).

For the PDP-CVS system:

MTOTW = 1,293 x V0 x Np x (pB - p1) x 273 / (101,3 x T)

where:

| MTOTW | = | mass of the diluted exhaust gas on wet basis over the cycle, kg |
| --- | --- | --- |
| V0 | = | volume of gas pumped per revolution under test conditions, m3/rev |
| NP | = | total revolutions of pump per test |
| pB | = | atmospheric pressure in the test cell, kPa |
| p1 | = | pressure depression below atmospheric at pump inlet, kPa |
| T | = | average temperature of the diluted exhaust gas at pump inlet over the cycle, K |

MTOTW

=

mass of the diluted exhaust gas on wet basis over the cycle, kg

V0

=

volume of gas pumped per revolution under test conditions, m3/rev

NP

=

total revolutions of pump per test

pB

=

atmospheric pressure in the test cell, kPa

p1

=

pressure depression below atmospheric at pump inlet, kPa

T

=

average temperature of the diluted exhaust gas at pump inlet over the cycle, K

For the CFV-CVS system:

MTOTW = 1,293 x t x Kv x pA / T0,5

where:

| MTOTW | = | mass of the diluted exhaust gas on wet basis over the cycle, kg |
| --- | --- | --- |
| t | = | cycle time, s |
| Kv | = | calibration coefficient of the critical flow venturi for standard conditions |
| pA | = | absolute pressure at venturi inlet, kPa |
| T | = | absolute temperature at venturi inlet, K |

MTOTW

=

mass of the diluted exhaust gas on wet basis over the cycle, kg

t

=

cycle time, s

Kv

=

calibration coefficient of the critical flow venturi for standard conditions

pA

=

absolute pressure at venturi inlet, kPa

T

=

absolute temperature at venturi inlet, K

If a system with flow compensation is used (i.e. without heat exchanger), the instantaneous mass emissions shall be calculated and integrated over the cycle. In this case, the instantaneous mass of the diluted exhaust gas shall be calculated as follows.

For the PDP-CVS system:

MTOTW,i = 1,293 x V0 x Np,i x (pB - p1) x 273 / (101,3 · T)

where:

| MTOTW,i | = | instantaneous mass of the diluted exhaust gas on wet basis, kg |
| --- | --- | --- |
| Np,i | = | total revolutions of pump per time interval |

MTOTW,i

=

instantaneous mass of the diluted exhaust gas on wet basis, kg

Np,i

=

total revolutions of pump per time interval

For the CFV-CVS system:

MTOTW,i = 1,293 x Δti x Kv x pA / T0,5

where:

| MTOTW,i | = | instantaneous mass of the diluted exhaust gas on wet basis, kg |
| --- | --- | --- |
| Δti | = | time interval, s |

MTOTW,i

=

instantaneous mass of the diluted exhaust gas on wet basis, kg

Δti

=

time interval, s

If the total sample mass of particulates (MSAM) and gaseous pollutants exceeds 0,5 % of the total CVS flow (MTOTW), the CVS flow shall be corrected for MSAM or the particulate sample flow shall be returned to the CVS prior to the flow measuring device (PDP or CFV).

4.2.   NOx Correction for Humidity

As the NOx emission depends on ambient air conditions, the NOx concentration shall be corrected for ambient air humidity with the factors given in the following formulae.

| (a) | for diesel engines: |
| --- | --- |

(a)

for diesel engines:

| (b) | for gas engines: |
| --- | --- |

(b)

for gas engines:

where:

| Ha | = | humidity of the intake air water per kg dry air |
| --- | --- | --- |

Ha

=

humidity of the intake air water per kg dry air

in which:

Formula

| Ra | = | relative humidity of the intake air, % |
| --- | --- | --- |
| pa | = | saturation vapour pressure of the intake air, kPa |
| pB | = | total barometric pressure, kPa |

Ra

=

relative humidity of the intake air, %

pa

=

saturation vapour pressure of the intake air, kPa

pB

=

total barometric pressure, kPa

4.3.   Calculation of the Emission Mass Flow

4.3.1.   Systems with Constant Mass Flow

For systems with heat exchanger, the mass of the pollutants (g/test) shall be determined from the following equations:

(1) NOx mass = 0,001587 x NOx conc x KH,D x MTOTW (diesel engines)

(2) NOx mass = 0,001587 x NOx conc x KH,G x MTOTW (gas engines)

(3) COmass = 0,000966 x COconc x MTOTW

(4) HCmass = 0,000479 x HCconc xMTOTW (diesel engines)

(5) HCmass = 0,000502 x HCconc x MTOTW (LPG fuelled engines)

(6) NMHCmass = 0,000516 x NMHCconc x MTOTW (NG fuelled engines)

(7) CH4 mass = 0,000552 x CH4 conc x MTOTW (NG fuelled engines)

where:

| NOx conc, COconc, HCconc
   (2), NMHCconc | = average background corrected concentrations over the cycle from integration (mandatory for NOx and HC) or bag measurement, ppm |
| --- | --- |
| MTOTW | = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg |
| KH,D | = humidity correction factor for diesel engines as determined in section 4.2 |
| KH,G | = humidity correction factor for gas engines as determined in section 4.2 |

NOx conc, COconc, HCconc
   (2), NMHCconc

= average background corrected concentrations over the cycle from integration (mandatory for NOx and HC) or bag measurement, ppm

MTOTW

= total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg

KH,D

= humidity correction factor for diesel engines as determined in section 4.2

KH,G

= humidity correction factor for gas engines as determined in section 4.2

Concentrations measured on a dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, section 4.2.

The determination of NMHCconc depends on the method used (see Annex III, Appendix 4, section 3.3.4). In both cases, the CH4 concentration shall be determined and subtracted from the HC concentration as follows:

| (a) | GC method
  NMHCconc = HCconc - CH4 conc |
| --- | --- |

(a)

GC method

NMHCconc = HCconc - CH4 conc

| (b) | NMC method |
| --- | --- |

(b)

NMC method

where:

| HC(wCutter) | = HC concentration with the sample gas flowing through the NMC |
| --- | --- |
| HC(w/oCutter) | = HC concentration with the sample gas bypassing the NMC |
| CEM | = methane efficiency as determined per Annex III, Appendix 5, section 1.8.4.1 |
| CEE | = ethane efficiency as determined per Annex III, Appendix 5, section 1.8.4.2 |

HC(wCutter)

= HC concentration with the sample gas flowing through the NMC

HC(w/oCutter)

= HC concentration with the sample gas bypassing the NMC

CEM

= methane efficiency as determined per Annex III, Appendix 5, section 1.8.4.1

CEE

= ethane efficiency as determined per Annex III, Appendix 5, section 1.8.4.2

4.3.1.1.   Determination of the Background Corrected Concentrations

The average background concentration of the gaseous pollutants in the dilution air shall be subtracted from measured concentrations to get the net concentrations of the pollutants. The average values of the background concentrations can be determined by the sample bag method or by continuous measurement with integration. The following formula shall be used.

Formula

where:

| conc | = concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm |
| --- | --- |
| conce | = concentration of the respective pollutant measured in the diluted exhaust gas, ppm |
| concd | = concentration of the respective pollutant measured in the dilution air, ppm |
| DF | = dilution factor |

conc

= concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm

conce

= concentration of the respective pollutant measured in the diluted exhaust gas, ppm

concd

= concentration of the respective pollutant measured in the dilution air, ppm

DF

= dilution factor

The dilution factor shall be calculated as follows:

| (a) | for diesel and LPG fuelled gas engines |
| --- | --- |

(a)

for diesel and LPG fuelled gas engines

| (b) | for NG-fuelled gas engines |
| --- | --- |

(b)

for NG-fuelled gas engines

where:

| CO2, conce | = | = concentration of CO2 in the diluted exhaust gas, % vol |
| --- | --- | --- |
| HCconce | = | = concentration of HC in the diluted exhaust gas, ppm C1 |
| NMHCconce | = | = concentration of NMHC in the diluted exhaust gas, ppm C1 |
| COconce | = | = concentration of CO in the diluted exhaust gas, ppm |
| FS | = | = stoichiometric factor |

CO2, conce

=

= concentration of CO2 in the diluted exhaust gas, % vol

HCconce

=

= concentration of HC in the diluted exhaust gas, ppm C1

NMHCconce

=

= concentration of NMHC in the diluted exhaust gas, ppm C1

COconce

=

= concentration of CO in the diluted exhaust gas, ppm

FS

=

= stoichiometric factor

Concentrations measured on dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, section 4.2.

The stoichiometric factor shall be calculated as follows:

FS = 100 x (X/X + (y/2) + 3,76 x (X + (y/4)))

where:

| x, y | = | fuel composition CxHy |
| --- | --- | --- |

x, y

=

fuel composition CxHy

Alternatively, if the fuel composition is not known, the following stoichiometric factors may be used:

| FS (diesel) | = 13,4 |
| --- | --- |
| FS (LPG) | = 11,6 |
| FS (NG) | = 9,5 |

FS (diesel)

= 13,4

FS (LPG)

= 11,6

FS (NG)

= 9,5

4.3.2.   Systems with Flow Compensation

For systems without heat exchanger, the mass of the pollutants (g/test) shall be determined by calculating the instantaneous mass emissions and integrating the instantaneous values over the cycle. Also, the background correction shall be applied directly to the instantaneous concentration value. The following formulae shall be applied:

| (1) | (diesel engines) |
| --- | --- |

(1)

Formula

| (2) | (gas engines) |
| --- | --- |

(2)

Formula

| (3) | |
| --- | --- |

(3)

Formula

| (4) | (diesel engines) |
| --- | --- |

(4)

Formula

| (5) | (LPG engines) |
| --- | --- |

(5)

Formula

| (6) | (NG engines) |
| --- | --- |

(6)

Formula

| (7) | (NG engines) |
| --- | --- |

(7)

Formula

where:

| conce | = | concentration of the respective pollutant measured in the diluted exhaust gas, ppm |
| --- | --- | --- |
| concd | = | concentration of the respective pollutant measured in the dilution air, ppm |
| MTOTW,i | = | instantaneous mass of the diluted exhaust gas (see section 4.1), kg |
| MTOTW | = | total mass of diluted exhaust gas over the cycle (see section 4.1), kg |
| KH,D | = | humidity correction factor for diesel engines as determined in section 4.2 |
| KH,G | = | humidity correction factor for gas engines as determined in section 4.2 |
| DF | = | dilution factor as determined in section 4.3.1.1 |

conce

=

concentration of the respective pollutant measured in the diluted exhaust gas, ppm

concd

=

concentration of the respective pollutant measured in the dilution air, ppm

MTOTW,i

=

instantaneous mass of the diluted exhaust gas (see section 4.1), kg

MTOTW

=

total mass of diluted exhaust gas over the cycle (see section 4.1), kg

KH,D

=

humidity correction factor for diesel engines as determined in section 4.2

KH,G

=

humidity correction factor for gas engines as determined in section 4.2

DF

=

dilution factor as determined in section 4.3.1.1

4.4.   Calculation of the Specific Emissions

The emissions (g/kWh) shall be calculated for all individual components in the following way:

Formula(diesel and gas engines)

Formula(diesel and gas engines)

Formula(diesel and LPG fuelled gas engines)

Formula(NG fuelled gas engines)

Formula(NG fuelled gas engines)

where:

| Wact | = | actual cycle work as determined in section 3.9.2, kWh |
| --- | --- | --- |

Wact

=

actual cycle work as determined in section 3.9.2, kWh

5.   CALCULATION OF THE PARTICULATE EMISSION (DIESEL ENGINES ONLY)

5.1.   Calculation of the Mass Flow

The particulate mass (g/test) shall be calculated as follows:

PTmass = (Mf/MSAM) x (MTOTW/1 000)

where:

| Mf | = particulate mass sampled over the cycle, mg |
| --- | --- |
| MTOTW | = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg |
| MSAM | = mass of diluted exhaust gas taken from the dilution tunnel for collecting particulates, kg |

Mf

= particulate mass sampled over the cycle, mg

MTOTW

= total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg

MSAM

= mass of diluted exhaust gas taken from the dilution tunnel for collecting particulates, kg

and:

| Mf | = | Mf,p + Mf,b if weighed separately, mg |
| --- | --- | --- |
| Mf,p | = | particulate mass collected on the primary filter, mg |
| Mf,b | = | particulate mass collected on the back-up filter, mg |

Mf

=

Mf,p + Mf,b if weighed separately, mg

Mf,p

=

particulate mass collected on the primary filter, mg

Mf,b

=

particulate mass collected on the back-up filter, mg

If a double dilution system is used, the mass of the secondary dilution air shall be subtracted from the total mass of the double diluted exhaust gas sampled through the particulate filters

MSAM = MTOT - MSEC

where:

| MTOT | = | mass of double diluted exhaust gas through particulate filter, kg |
| --- | --- | --- |
| MSEC | = | mass of secondary dilution air, kg |

MTOT

=

mass of double diluted exhaust gas through particulate filter, kg

MSEC

=

mass of secondary dilution air, kg

If the particulate background level of the dilution air is determined in accordance with section 3.4, the particulate mass may be background corrected. In this case, the particulate mass (g/test) shall be calculated as follows:

Formula

where:

| Mf, MSAM, MTOTW | = | see above |
| --- | --- | --- |
| MDIL | = | mass of primary dilution air sampled by background particulate sampler, kg |
| Md | = | mass of the collected background particulates of the primary dilution air, mg |
| DF | = | dilution factor as determined in section 4.3.1.1 |

Mf, MSAM, MTOTW

=

see above

MDIL

=

mass of primary dilution air sampled by background particulate sampler, kg

Md

=

mass of the collected background particulates of the primary dilution air, mg

DF

=

dilution factor as determined in section 4.3.1.1

5.2.   Calculation of the specific emission

The particulate emission (g/kWh) shall be calculated in the following way:

Formula

where:

| Wact | = | actual cycle work as determined in section 3.9.2, kWh. |
| --- | --- | --- |

Wact

=

actual cycle work as determined in section 3.9.2, kWh.

---

(1)  Until 1 October 2005, the figures shown in brackets may be used for the type-approval testing of gas engines. (Before 1 October 2004, the Commission shall report on the development of gas engine technology to confirm or modify the regression line tolerances applicable to gas engines given in this table.)

(2)  Based on C1 equivalent.

Appendix 3

ETC ENGINE DYNAMOMETER SCHEDULE

| Time
  s | Norm. Speed
  % | Norm. Torque
  % |
| --- | --- | --- |
| 1 | 0 | 0 |
| 2 | 0 | 0 |
| 3 | 0 | 0 |
| 4 | 0 | 0 |
| 5 | 0 | 0 |
| 6 | 0 | 0 |
| 7 | 0 | 0 |
| 8 | 0 | 0 |
| 9 | 0 | 0 |
| 10 | 0 | 0 |
| 11 | 0 | 0 |
| 12 | 0 | 0 |
| 13 | 0 | 0 |
| 14 | 0 | 0 |
| 15 | 0 | 0 |
| 16 | 0,1 | 1,5 |
| 17 | 23,1 | 21,5 |
| 18 | 12,6 | 28,5 |
| 19 | 21,8 | 71 |
| 20 | 19,7 | 76,8 |
| 21 | 54,6 | 80,9 |
| 22 | 71,3 | 4,9 |
| 23 | 55,9 | 18,1 |
| 24 | 72 | 85,4 |
| 25 | 86,7 | 61,8 |
| 26 | 51,7 | 0 |
| 27 | 53,4 | 48,9 |
| 28 | 34,2 | 87,6 |
| 29 | 45,5 | 92,7 |
| 30 | 54,6 | 99,5 |
| 31 | 64,5 | 96,8 |
| 32 | 71,7 | 85,4 |
| 33 | 79,4 | 54,8 |
| 34 | 89,7 | 99,4 |
| 35 | 57,4 | 0 |
| 36 | 59,7 | 30,6 |
| 37 | 90,1 | ‘m‧ |
| 38 | 82,9 | ‘m‧ |
| 39 | 51,3 | ‘m‧ |
| 40 | 28,5 | ‘m‧ |
| 41 | 29,3 | ‘m‧ |
| 42 | 26,7 | ‘m‧ |
| 43 | 20,4 | ‘m‧ |
| 44 | 14,1 | 0 |
| 45 | 6,5 | 0 |
| 46 | 0 | 0 |
| 47 | 0 | 0 |
| 48 | 0 | 0 |
| 49 | 0 | 0 |
| 50 | 0 | 0 |
| 51 | 0 | 0 |
| 52 | 0 | 0 |
| 53 | 0 | 0 |
| 54 | 0 | 0 |
| 55 | 0 | 0 |
| 56 | 0 | 0 |
| 57 | 0 | 0 |
| 58 | 0 | 0 |
| 59 | 0 | 0 |
| 60 | 0 | 0 |
| 61 | 0 | 0 |
| 62 | 25,5 | 11,1 |
| 63 | 28,5 | 20,9 |
| 64 | 32 | 73,9 |
| 65 | 4 | 82,3 |
| 66 | 34,5 | 80,4 |
| 67 | 64,1 | 86 |
| 68 | 58 | 0 |
| 69 | 50,3 | 83,4 |
| 70 | 66,4 | 99,1 |
| 71 | 81,4 | 99,6 |
| 72 | 88,7 | 73,4 |
| 73 | 52,5 | 0 |
| 74 | 46,4 | 58,5 |
| 75 | 48,6 | 90,9 |
| 76 | 55,2 | 99,4 |
| 77 | 62,3 | 99 |
| 78 | 68,4 | 91,5 |
| 79 | 74,5 | 73,7 |
| 80 | 38 | 0 |
| 81 | 41,8 | 89,6 |
| 82 | 47,1 | 99,2 |
| 83 | 52,5 | 99,8 |
| 84 | 56,9 | 80,8 |
| 85 | 58,3 | 11,8 |
| 86 | 56,2 | ‘m‧ |
| 87 | 52 | ‘m‧ |
| 88 | 43,3 | ‘m‧ |
| 89 | 36,1 | ‘m‧ |
| 90 | 27,6 | ‘m‧ |
| 91 | 21,1 | ‘m‧ |
| 92 | 8 | 0 |
| 93 | 0 | 0 |
| 94 | 0 | 0 |
| 95 | 0 | 0 |
| 96 | 0 | 0 |
| 97 | 0 | 0 |
| 98 | 0 | 0 |
| 99 | 0 | 0 |
| 100 | 0 | 0 |
| 101 | 0 | 0 |
| 102 | 0 | 0 |
| 103 | 0 | 0 |
| 104 | 0 | 0 |
| 105 | 0 | 0 |
| 106 | 0 | 0 |
| 107 | 0 | 0 |
| 108 | 11,6 | 14,8 |
| 109 | 0 | 0 |
| 110 | 27,2 | 74,8 |
| 111 | 17 | 76,9 |
| 112 | 36 | 78 |
| 113 | 59,7 | 86 |
| 114 | 80,8 | 17,9 |
| 115 | 49,7 | 0 |
| 116 | 65,6 | 86 |
| 117 | 78,6 | 72,2 |
| 118 | 64,9 | ‘m‧ |
| 119 | 44,3 | ‘m‧ |
| 120 | 51,4 | 83,4 |
| 121 | 58,1 | 97 |
| 122 | 69,3 | 99,3 |
| 123 | 72 | 20,8 |
| 124 | 72,1 | ‘m‧ |
| 125 | 65,3 | ‘m‧ |
| 126 | 64 | ‘m‧ |
| 127 | 59,7 | ‘m‧ |
| 128 | 52,8 | ‘m‧ |
| 129 | 45,9 | ‘m‧ |
| 130 | 38,7 | ‘m‧ |
| 131 | 32,4 | ‘m‧ |
| 132 | 27 | ‘m‧ |
| 133 | 21,7 | ‘m‧ |
| 134 | 19,1 | 0,4 |
| 135 | 34,7 | 14 |
| 136 | 16,4 | 48,6 |
| 137 | 0 | 11,2 |
| 138 | 1,2 | 2,1 |
| 139 | 30,1 | 19,3 |
| 140 | 30 | 73,9 |
| 141 | 54,4 | 74,4 |
| 142 | 77,2 | 55,6 |
| 143 | 58,1 | 0 |
| 144 | 45 | 82,1 |
| 145 | 68,7 | 98,1 |
| 146 | 85,7 | 67,2 |
| 147 | 60,2 | 0 |
| 148 | 59,4 | 98 |
| 149 | 72,7 | 99,6 |
| 150 | 79,9 | 45 |
| 151 | 44,3 | 0 |
| 152 | 41,5 | 84,4 |
| 153 | 56,2 | 98,2 |
| 154 | 65,7 | 99,1 |
| 155 | 74,4 | 84,7 |
| 156 | 54,4 | 0 |
| 157 | 47,9 | 89,7 |
| 158 | 54,5 | 99,5 |
| 159 | 62,7 | 96,8 |
| 160 | 62,3 | 0 |
| 161 | 46,2 | 54,2 |
| 162 | 44,3 | 83,2 |
| 163 | 48,2 | 13,3 |
| 164 | 51 | ‘m‧ |
| 165 | 50 | ‘m‧ |
| 166 | 49,2 | ‘m‧ |
| 167 | 49,3 | ‘m‧ |
| 168 | 49,9 | ‘m‧ |
| 169 | 51,6 | ‘m‧ |
| 170 | 49,7 | ‘m‧ |
| 171 | 48,5 | ‘m‧ |
| 172 | 50,3 | 72,5 |
| 173 | 51,1 | 84,5 |
| 174 | 54,6 | 64,8 |
| 175 | 56,6 | 76,5 |
| 176 | 58 | ‘m‧ |
| 177 | 53,6 | ‘m‧ |
| 178 | 40,8 | ‘m‧ |
| 179 | 32,9 | ‘m‧ |
| 180 | 26,3 | ‘m‧ |
| 181 | 20,9 | ‘m‧ |
| 182 | 10 | 0 |
| 183 | 0 | 0 |
| 184 | 0 | 0 |
| 185 | 0 | 0 |
| 186 | 0 | 0 |
| 187 | 0 | 0 |
| 188 | 0 | 0 |
| 189 | 0 | 0 |
| 190 | 0 | 0 |
| 191 | 0 | 0 |
| 192 | 0 | 0 |
| 193 | 0 | 0 |
| 194 | 0 | 0 |
| 195 | 0 | 0 |
| 196 | 0 | 0 |
| 197 | 0 | 0 |
| 198 | 0 | 0 |
| 199 | 0 | 0 |
| 200 | 0 | 0 |
| 201 | 0 | 0 |
| 202 | 0 | 0 |
| 203 | 0 | 0 |
| 204 | 0 | 0 |
| 205 | 0 | 0 |
| 206 | 0 | 0 |
| 207 | 0 | 0 |
| 208 | 0 | 0 |
| 209 | 0 | 0 |
| 210 | 0 | 0 |
| 211 | 0 | 0 |
| 212 | 0 | 0 |
| 213 | 0 | 0 |
| 214 | 0 | 0 |
| 215 | 0 | 0 |
| 216 | 0 | 0 |
| 217 | 0 | 0 |
| 218 | 0 | 0 |
| 219 | 0 | 0 |
| 220 | 0 | 0 |
| 221 | 0 | 0 |
| 222 | 0 | 0 |
| 223 | 0 | 0 |
| 224 | 0 | 0 |
| 225 | 21,2 | 62,7 |
| 226 | 30,8 | 75,1 |
| 227 | 5,9 | 82,7 |
| 228 | 34,6 | 80,3 |
| 229 | 59,9 | 87 |
| 230 | 84,3 | 86,2 |
| 231 | 68,7 | ‘m‧ |
| 232 | 43,6 | ‘m‧ |
| 233 | 41,5 | 85,4 |
| 234 | 49,9 | 94,3 |
| 235 | 60,8 | 99 |
| 236 | 70,2 | 99,4 |
| 237 | 81,1 | 92,4 |
| 238 | 49,2 | 0 |
| 239 | 56 | 86,2 |
| 240 | 56,2 | 99,3 |
| 241 | 61,7 | 99 |
| 242 | 69,2 | 99,3 |
| 243 | 74,1 | 99,8 |
| 244 | 72,4 | 8,4 |
| 245 | 71,3 | 0 |
| 246 | 71,2 | 9,1 |
| 247 | 67,1 | ‘m‧ |
| 248 | 65,5 | ‘m‧ |
| 249 | 64,4 | ‘m‧ |
| 250 | 62,9 | 25,6 |
| 251 | 62,2 | 35,6 |
| 252 | 62,9 | 24,4 |
| 253 | 58,8 | ‘m‧ |
| 254 | 56,9 | ‘m‧ |
| 255 | 54,5 | ‘m‧ |
| 256 | 51,7 | 17 |
| 257 | 56,2 | 78,7 |
| 258 | 59,5 | 94,7 |
| 259 | 65,5 | 99,1 |
| 260 | 71,2 | 99,5 |
| 261 | 76,6 | 99,9 |
| 262 | 79 | 0 |
| 263 | 52,9 | 97,5 |
| 264 | 53,1 | 99,7 |
| 265 | 59 | 99,1 |
| 266 | 62,2 | 99 |
| 267 | 65 | 99,1 |
| 268 | 69 | 83,1 |
| 269 | 69,9 | 28,4 |
| 270 | 70,6 | 12,5 |
| 271 | 68,9 | 8,4 |
| 272 | 69,8 | 9,1 |
| 273 | 69,6 | 7 |
| 274 | 65,7 | ‘m‧ |
| 275 | 67,1 | ‘m‧ |
| 276 | 66,7 | ‘m‧ |
| 277 | 65,6 | ‘m‧ |
| 278 | 64,5 | ‘m‧ |
| 279 | 62,9 | ‘m‧ |
| 280 | 59,3 | ‘m‧ |
| 281 | 54,1 | ‘m‧ |
| 282 | 51,3 | ‘m‧ |
| 283 | 47,9 | ‘m‧ |
| 284 | 43,6 | ‘m‧ |
| 285 | 39,4 | ‘m‧ |
| 286 | 34,7 | ‘m‧ |
| 287 | 29,8 | ‘m‧ |
| 288 | 20,9 | 73,4 |
| 289 | 36,9 | ‘m‧ |
| 290 | 35,5 | ‘m‧ |
| 291 | 20,9 | ‘m‧ |
| 292 | 49,7 | 11,9 |
| 293 | 42,5 | ‘m‧ |
| 294 | 32 | ‘m‧ |
| 295 | 23,6 | ‘m‧ |
| 296 | 19,1 | 0 |
| 297 | 15,7 | 73,5 |
| 298 | 25,1 | 76,8 |
| 299 | 34,5 | 81,4 |
| 300 | 44,1 | 87,4 |
| 301 | 52,8 | 98,6 |
| 302 | 63,6 | 99 |
| 303 | 73,6 | 99,7 |
| 304 | 62,2 | ‘m‧ |
| 305 | 29,2 | ‘m‧ |
| 306 | 46,4 | 22 |
| 307 | 47,3 | 13,8 |
| 308 | 47,2 | 12,5 |
| 309 | 47,9 | 11,5 |
| 310 | 47,8 | 35,5 |
| 311 | 49,2 | 83,3 |
| 312 | 52,7 | 96,4 |
| 313 | 57,4 | 99,2 |
| 314 | 61,8 | 99 |
| 315 | 66,4 | 60,9 |
| 316 | 65,8 | ‘m‧ |
| 317 | 59 | ‘m‧ |
| 318 | 50,7 | ‘m‧ |
| 319 | 41,8 | ‘m‧ |
| 320 | 34,7 | ‘m‧ |
| 321 | 28,7 | ‘m‧ |
| 322 | 25,2 | ‘m‧ |
| 323 | 43 | 24,8 |
| 324 | 38,7 | 0 |
| 325 | 48,1 | 31,9 |
| 326 | 40,3 | 61 |
| 327 | 42,4 | 52,1 |
| 328 | 46,4 | 47,7 |
| 329 | 46,9 | 30,7 |
| 330 | 46,1 | 23,1 |
| 331 | 45,7 | 23,2 |
| 332 | 45,5 | 31,9 |
| 333 | 46,4 | 73,6 |
| 334 | 51,3 | 60,7 |
| 335 | 51,3 | 51,1 |
| 336 | 53,2 | 46,8 |
| 337 | 53,9 | 50 |
| 338 | 53,4 | 52,1 |
| 339 | 53,8 | 45,7 |
| 340 | 50,6 | 22,1 |
| 341 | 47,8 | 26 |
| 342 | 41,6 | 17,8 |
| 343 | 38,7 | 29,8 |
| 344 | 35,9 | 71,6 |
| 345 | 34,6 | 47,3 |
| 346 | 34,8 | 80,3 |
| 347 | 35,9 | 87,2 |
| 348 | 38,8 | 90,8 |
| 349 | 41,5 | 94,7 |
| 350 | 47,1 | 99,2 |
| 351 | 53,1 | 99,7 |
| 352 | 46,4 | 0 |
| 353 | 42,5 | 0,7 |
| 354 | 43,6 | 58,6 |
| 355 | 47,1 | 87,5 |
| 356 | 54,1 | 99,5 |
| 357 | 62,9 | 99 |
| 358 | 72,6 | 99,6 |
| 359 | 82,4 | 99,5 |
| 360 | 88 | 99,4 |
| 361 | 46,4 | 0 |
| 362 | 53,4 | 95,2 |
| 363 | 58,4 | 99,2 |
| 364 | 61,5 | 99 |
| 365 | 64,8 | 99 |
| 366 | 68,1 | 99,2 |
| 367 | 73,4 | 99,7 |
| 368 | 73,3 | 29,8 |
| 369 | 73,5 | 14,6 |
| 370 | 68,3 | 0 |
| 371 | 45,4 | 49,9 |
| 372 | 47,2 | 75,7 |
| 373 | 44,5 | 9 |
| 374 | 47,8 | 10,3 |
| 375 | 46,8 | 15,9 |
| 376 | 46,9 | 12,7 |
| 377 | 46,8 | 8,9 |
| 378 | 46,1 | 6,2 |
| 379 | 46,1 | ‘m‧ |
| 380 | 45,5 | ‘m‧ |
| 381 | 44,7 | ‘m‧ |
| 382 | 43,8 | ‘m‧ |
| 383 | 41 | ‘m‧ |
| 384 | 41,1 | 6,4 |
| 385 | 38 | 6,3 |
| 386 | 35,9 | 0,3 |
| 387 | 33,5 | 0 |
| 388 | 53,1 | 48,9 |
| 389 | 48,3 | ‘m‧ |
| 390 | 49,9 | ‘m‧ |
| 391 | 48 | ‘m‧ |
| 392 | 45,3 | ‘m‧ |
| 393 | 41,6 | 3,1 |
| 394 | 44,3 | 79 |
| 395 | 44,3 | 89,5 |
| 396 | 43,4 | 98,8 |
| 397 | 44,3 | 98,9 |
| 398 | 43 | 98,8 |
| 399 | 42,2 | 98,8 |
| 400 | 42,7 | 98,8 |
| 401 | 45 | 99 |
| 402 | 43,6 | 98,9 |
| 403 | 42,2 | 98,8 |
| 404 | 44,8 | 99 |
| 405 | 43,4 | 98,8 |
| 406 | 45 | 99 |
| 407 | 42,2 | 54,3 |
| 408 | 61,2 | 31,9 |
| 409 | 56,3 | 72,3 |
| 410 | 59,7 | 99,1 |
| 411 | 62,3 | 99 |
| 412 | 67,9 | 99,2 |
| 413 | 69,5 | 99,3 |
| 414 | 73,1 | 99,7 |
| 415 | 77,7 | 99,8 |
| 416 | 79,7 | 99,7 |
| 417 | 82,5 | 99,5 |
| 418 | 85,3 | 99,4 |
| 419 | 86,6 | 99,4 |
| 420 | 89,4 | 99,4 |
| 421 | 62,2 | 0 |
| 422 | 52,7 | 96,4 |
| 423 | 50,2 | 99,8 |
| 424 | 49,3 | 99,6 |
| 425 | 52,2 | 99,8 |
| 426 | 51,3 | 100 |
| 427 | 51,3 | 100 |
| 428 | 51,1 | 100 |
| 429 | 51,1 | 100 |
| 430 | 51,8 | 99,9 |
| 431 | 51,3 | 100 |
| 432 | 51,1 | 100 |
| 433 | 51,3 | 100 |
| 434 | 52,3 | 99,8 |
| 435 | 52,9 | 99,7 |
| 436 | 53,8 | 99,6 |
| 437 | 51,7 | 99,9 |
| 438 | 53,5 | 99,6 |
| 439 | 52 | 99,8 |
| 440 | 51,7 | 99,9 |
| 441 | 53,2 | 99,7 |
| 442 | 54,2 | 99,5 |
| 443 | 55,2 | 99,4 |
| 444 | 53,8 | 99,6 |
| 445 | 53,1 | 99,7 |
| 446 | 55 | 99,4 |
| 447 | 57 | 99,2 |
| 448 | 61,5 | 99 |
| 449 | 59,4 | 5,7 |
| 450 | 59 | 0 |
| 451 | 57,3 | 59,8 |
| 452 | 64,1 | 99 |
| 453 | 70,9 | 90,5 |
| 454 | 58 | 0 |
| 455 | 41,5 | 59,8 |
| 456 | 44,1 | 92,6 |
| 457 | 46,8 | 99,2 |
| 458 | 47,2 | 99,3 |
| 459 | 51 | 100 |
| 460 | 53,2 | 99,7 |
| 461 | 53,1 | 99,7 |
| 462 | 55,9 | 53,1 |
| 463 | 53,9 | 13,9 |
| 464 | 52,5 | ‘m‧ |
| 465 | 51,7 | ‘m‧ |
| 466 | 51,5 | 52,2 |
| 467 | 52,8 | 80 |
| 468 | 54,9 | 95 |
| 469 | 57,3 | 99,2 |
| 470 | 60,7 | 99,1 |
| 471 | 62,4 | ‘m‧ |
| 472 | 60,1 | ‘m‧ |
| 473 | 53,2 | ‘m‧ |
| 474 | 44 | ‘m‧ |
| 475 | 35,2 | ‘m‧ |
| 476 | 30,5 | ‘m‧ |
| 477 | 26,5 | ‘m‧ |
| 478 | 22,5 | ‘m‧ |
| 479 | 20,4 | ‘m‧ |
| 480 | 19,1 | ‘m‧ |
| 481 | 19,1 | ‘m‧ |
| 482 | 13,4 | ‘m‧ |
| 483 | 6,7 | ‘m‧ |
| 484 | 3,2 | ‘m‧ |
| 485 | 14,3 | 63,8 |
| 486 | 34,1 | 0 |
| 487 | 23,9 | 75,7 |
| 488 | 31,7 | 79,2 |
| 489 | 32,1 | 19,4 |
| 490 | 35,9 | 5,8 |
| 491 | 36,6 | 0,8 |
| 492 | 38,7 | ‘m‧ |
| 493 | 38,4 | ‘m‧ |
| 494 | 39,4 | ‘m‧ |
| 495 | 39,7 | ‘m‧ |
| 496 | 40,5 | ‘m‧ |
| 497 | 40,8 | ‘m‧ |
| 498 | 39,7 | ‘m‧ |
| 499 | 39,2 | ‘m‧ |
| 500 | 38,7 | ‘m‧ |
| 501 | 32,7 | ‘m‧ |
| 502 | 30,1 | ‘m‧ |
| 503 | 21,9 | ‘m‧ |
| 504 | 12,8 | 0 |
| 505 | 0 | 0 |
| 506 | 0 | 0 |
| 507 | 0 | 0 |
| 508 | 0 | 0 |
| 509 | 0 | 0 |
| 510 | 0 | 0 |
| 511 | 0 | 0 |
| 512 | 0 | 0 |
| 513 | 0 | 0 |
| 514 | 30,5 | 25,6 |
| 515 | 19,7 | 56,9 |
| 516 | 16,3 | 45,1 |
| 517 | 27,2 | 4,6 |
| 518 | 21,7 | 1,3 |
| 519 | 29,7 | 28,6 |
| 520 | 36,6 | 73,7 |
| 521 | 61,3 | 59,5 |
| 522 | 40,8 | 0 |
| 523 | 36,6 | 27,8 |
| 524 | 39,4 | 80,4 |
| 525 | 51,3 | 88,9 |
| 526 | 58,5 | 11,1 |
| 527 | 60,7 | ‘m‧ |
| 528 | 54,5 | ‘m‧ |
| 529 | 51,3 | ‘m‧ |
| 530 | 45,5 | ‘m‧ |
| 531 | 40,8 | ‘m‧ |
| 532 | 38,9 | ‘m‧ |
| 533 | 36,6 | ‘m‧ |
| 534 | 36,1 | 72,7 |
| 535 | 44,8 | 78,9 |
| 536 | 51,6 | 91,1 |
| 537 | 59,1 | 99,1 |
| 538 | 66 | 99,1 |
| 539 | 75,1 | 99,9 |
| 540 | 81 | 8 |
| 541 | 39,1 | 0 |
| 542 | 53,8 | 89,7 |
| 543 | 59,7 | 99,1 |
| 544 | 64,8 | 99 |
| 545 | 70,6 | 96,1 |
| 546 | 72,6 | 19,6 |
| 547 | 72 | 6,3 |
| 548 | 68,9 | 0,1 |
| 549 | 67,7 | ‘m‧ |
| 550 | 66,8 | ‘m‧ |
| 551 | 64,3 | 16,9 |
| 552 | 64,9 | 7 |
| 553 | 63,6 | 12,5 |
| 554 | 63 | 7,7 |
| 555 | 64,4 | 38,2 |
| 556 | 63 | 11,8 |
| 557 | 63,6 | 0 |
| 558 | 63,3 | 5 |
| 559 | 60,1 | 9,1 |
| 560 | 61 | 8,4 |
| 561 | 59,7 | 0,9 |
| 562 | 58,7 | ‘m‧ |
| 563 | 56 | ‘m‧ |
| 564 | 53,9 | ‘m‧ |
| 565 | 52,1 | ‘m‧ |
| 566 | 49,9 | ‘m‧ |
| 567 | 46,4 | ‘m‧ |
| 568 | 43,6 | ‘m‧ |
| 569 | 40,8 | ‘m‧ |
| 570 | 37,5 | ‘m‧ |
| 571 | 27,8 | ‘m‧ |
| 572 | 17,1 | 0,6 |
| 573 | 12,2 | 0,9 |
| 574 | 11,5 | 1,1 |
| 575 | 8,7 | 0,5 |
| 576 | 8 | 0,9 |
| 577 | 5,3 | 0,2 |
| 578 | 4 | 0 |
| 579 | 3,9 | 0 |
| 580 | 0 | 0 |
| 581 | 0 | 0 |
| 582 | 0 | 0 |
| 583 | 0 | 0 |
| 584 | 0 | 0 |
| 585 | 0 | 0 |
| 586 | 0 | 0 |
| 587 | 8,7 | 22,8 |
| 588 | 16,2 | 49,4 |
| 589 | 23,6 | 56 |
| 590 | 21,1 | 56,1 |
| 591 | 23,6 | 56 |
| 592 | 46,2 | 68,8 |
| 593 | 68,4 | 61,2 |
| 594 | 58,7 | ‘m‧ |
| 595 | 31,6 | ‘m‧ |
| 596 | 19,9 | 8,8 |
| 597 | 32,9 | 70,2 |
| 598 | 43 | 79 |
| 599 | 57,4 | 98,9 |
| 600 | 72,1 | 73,8 |
| 601 | 53 | 0 |
| 602 | 48,1 | 86 |
| 603 | 56,2 | 99 |
| 604 | 65,4 | 98,9 |
| 605 | 72,9 | 99,7 |
| 606 | 67,5 | ‘m‧ |
| 607 | 39 | ‘m‧ |
| 608 | 41,9 | 38,1 |
| 609 | 44,1 | 80,4 |
| 610 | 46,8 | 99,4 |
| 611 | 48,7 | 99,9 |
| 612 | 50,5 | 99,7 |
| 613 | 52,5 | 90,3 |
| 614 | 51 | 1,8 |
| 615 | 50 | ‘m‧ |
| 616 | 49,1 | ‘m‧ |
| 617 | 47 | ‘m‧ |
| 618 | 43,1 | ‘m‧ |
| 619 | 39,2 | ‘m‧ |
| 620 | 40,6 | 0,5 |
| 621 | 41,8 | 53,4 |
| 622 | 44,4 | 65,1 |
| 623 | 48,1 | 67,8 |
| 624 | 53,8 | 99,2 |
| 625 | 58,6 | 98,9 |
| 626 | 63,6 | 98,8 |
| 627 | 68,5 | 99,2 |
| 628 | 72,2 | 89,4 |
| 629 | 77,1 | 0 |
| 630 | 57,8 | 79,1 |
| 631 | 60,3 | 98,8 |
| 632 | 61,9 | 98,8 |
| 633 | 63,8 | 98,8 |
| 634 | 64,7 | 98,9 |
| 635 | 65,4 | 46,5 |
| 636 | 65,7 | 44,5 |
| 637 | 65,6 | 3,5 |
| 638 | 49,1 | 0 |
| 639 | 50,4 | 73,1 |
| 640 | 50,5 | ‘m‧ |
| 641 | 51 | ‘m‧ |
| 642 | 49,4 | ‘m‧ |
| 643 | 49,2 | ‘m‧ |
| 644 | 48,6 | ‘m‧ |
| 645 | 47,5 | ‘m‧ |
| 646 | 46,5 | ‘m‧ |
| 647 | 46 | 11,3 |
| 648 | 45,6 | 42,8 |
| 649 | 47,1 | 83 |
| 650 | 46,2 | 99,3 |
| 651 | 47,9 | 99,7 |
| 652 | 49,5 | 99,9 |
| 653 | 50,6 | 99,7 |
| 654 | 51 | 99,6 |
| 655 | 53 | 99,3 |
| 656 | 54,9 | 99,1 |
| 657 | 55,7 | 99 |
| 658 | 56 | 99 |
| 659 | 56,1 | 9,3 |
| 660 | 55,6 | ‘m‧ |
| 661 | 55,4 | ‘m‧ |
| 662 | 54,9 | 51,3 |
| 663 | 54,9 | 59,8 |
| 664 | 54 | 39,3 |
| 665 | 53,8 | ‘m‧ |
| 666 | 52 | ‘m‧ |
| 667 | 50,4 | ‘m‧ |
| 668 | 50,6 | 0 |
| 669 | 49,3 | 41,7 |
| 670 | 50 | 73,2 |
| 671 | 50,4 | 99,7 |
| 672 | 51,9 | 99,5 |
| 673 | 53,6 | 99,3 |
| 674 | 54,6 | 99,1 |
| 675 | 56 | 99 |
| 676 | 55,8 | 99 |
| 677 | 58,4 | 98,9 |
| 678 | 59,9 | 98,8 |
| 679 | 60,9 | 98,8 |
| 680 | 63 | 98,8 |
| 681 | 64,3 | 98,9 |
| 682 | 64,8 | 64 |
| 683 | 65,9 | 46,5 |
| 684 | 66,2 | 28,7 |
| 685 | 65,2 | 1,8 |
| 686 | 65 | 6,8 |
| 687 | 63,6 | 53,6 |
| 688 | 62,4 | 82,5 |
| 689 | 61,8 | 98,8 |
| 690 | 59,8 | 98,8 |
| 691 | 59,2 | 98,8 |
| 692 | 59,7 | 98,8 |
| 693 | 61,2 | 98,8 |
| 694 | 62,2 | 49,4 |
| 695 | 62,8 | 37,2 |
| 696 | 63,5 | 46,3 |
| 697 | 64,7 | 72,3 |
| 698 | 64,7 | 72,3 |
| 699 | 65,4 | 77,4 |
| 700 | 66,1 | 69,3 |
| 701 | 64,3 | ‘m‧ |
| 702 | 64,3 | ‘m‧ |
| 703 | 63 | ‘m‧ |
| 704 | 62,2 | ‘m‧ |
| 705 | 61,6 | ‘m‧ |
| 706 | 62,4 | ‘m‧ |
| 707 | 62,2 | ‘m‧ |
| 708 | 61 | ‘m‧ |
| 709 | 58,7 | ‘m‧ |
| 710 | 55,5 | ‘m‧ |
| 711 | 51,7 | ‘m‧ |
| 712 | 49,2 | ‘m‧ |
| 713 | 48,8 | 40,4 |
| 714 | 47,9 | ‘m‧ |
| 715 | 46,2 | ‘m‧ |
| 716 | 45,6 | 9,8 |
| 717 | 45,6 | 34,5 |
| 718 | 45,5 | 37,1 |
| 719 | 43,8 | ‘m‧ |
| 720 | 41,9 | ‘m‧ |
| 721 | 41,3 | ‘m‧ |
| 722 | 41,4 | ‘m‧ |
| 723 | 41,2 | ‘m‧ |
| 724 | 41,8 | ‘m‧ |
| 725 | 41,8 | ‘m‧ |
| 726 | 43,2 | 17,4 |
| 727 | 45 | 29 |
| 728 | 44,2 | ‘m‧ |
| 729 | 43,9 | ‘m‧ |
| 730 | 38 | 10,7 |
| 731 | 56,8 | ‘m‧ |
| 732 | 57,1 | ‘m‧ |
| 733 | 52 | ‘m‧ |
| 734 | 44,4 | ‘m‧ |
| 735 | 40,2 | ‘m‧ |
| 736 | 39,2 | 16,5 |
| 737 | 38,9 | 73,2 |
| 738 | 39,9 | 89,8 |
| 739 | 42,3 | 98,6 |
| 740 | 43,7 | 98,8 |
| 741 | 45,5 | 99,1 |
| 742 | 45,6 | 99,2 |
| 743 | 48,1 | 99,7 |
| 744 | 49 | 100 |
| 745 | 49,8 | 99,9 |
| 746 | 49,8 | 99,9 |
| 747 | 51,9 | 99,5 |
| 748 | 52,3 | 99,4 |
| 749 | 53,3 | 99,3 |
| 750 | 52,9 | 99,3 |
| 751 | 54,3 | 99,2 |
| 752 | 55,5 | 99,1 |
| 753 | 56,7 | 99 |
| 754 | 61,7 | 98,8 |
| 755 | 64,3 | 47,4 |
| 756 | 64,7 | 1,8 |
| 757 | 66,2 | ‘m‧ |
| 758 | 49,1 | ‘m‧ |
| 759 | 52,1 | 46 |
| 760 | 52,6 | 61 |
| 761 | 52,9 | 0 |
| 762 | 52,3 | 20,4 |
| 763 | 54,2 | 56,7 |
| 764 | 55,4 | 59,8 |
| 765 | 56,1 | 49,2 |
| 766 | 56,8 | 33,7 |
| 767 | 57,2 | 96 |
| 768 | 58,6 | 98,9 |
| 769 | 59,5 | 98,8 |
| 770 | 61,2 | 98,8 |
| 771 | 62,1 | 98,8 |
| 772 | 62,7 | 98,8 |
| 773 | 62,8 | 98,8 |
| 774 | 64 | 98,9 |
| 775 | 63,2 | 46,3 |
| 776 | 62,4 | ‘m‧ |
| 777 | 60,3 | ‘m‧ |
| 778 | 58,7 | ‘m‧ |
| 779 | 57,2 | ‘m‧ |
| 780 | 56,1 | ‘m‧ |
| 781 | 56 | 9,3 |
| 782 | 55,2 | 26,3 |
| 783 | 54,8 | 42,8 |
| 784 | 55,7 | 47,1 |
| 785 | 56,6 | 52,4 |
| 786 | 58 | 50,3 |
| 787 | 58,6 | 20,6 |
| 788 | 58,7 | ‘m‧ |
| 789 | 59,3 | ‘m‧ |
| 790 | 58,6 | ‘m‧ |
| 791 | 60,5 | 9,7 |
| 792 | 59,2 | 9,6 |
| 793 | 59,9 | 9,6 |
| 794 | 59,6 | 9,6 |
| 795 | 59,9 | 6,2 |
| 796 | 59,9 | 9,6 |
| 797 | 60,5 | 13,1 |
| 798 | 60,3 | 20,7 |
| 799 | 59,9 | 31 |
| 800 | 60,5 | 42 |
| 801 | 61,5 | 52,5 |
| 802 | 60,9 | 51,4 |
| 803 | 61,2 | 57,7 |
| 804 | 62,8 | 98,8 |
| 805 | 63,4 | 96,1 |
| 806 | 64,6 | 45,4 |
| 807 | 64,1 | 5 |
| 808 | 63 | 3,2 |
| 809 | 62,7 | 14,9 |
| 810 | 63,5 | 35,8 |
| 811 | 64,1 | 73,3 |
| 812 | 64,3 | 37,4 |
| 813 | 64,1 | 21 |
| 814 | 63,7 | 21 |
| 815 | 62,9 | 18 |
| 816 | 62,4 | 32,7 |
| 817 | 61,7 | 46,2 |
| 818 | 59,8 | 45,1 |
| 819 | 57,4 | 43,9 |
| 820 | 54,8 | 42,8 |
| 821 | 54,3 | 65,2 |
| 822 | 52,9 | 62,1 |
| 823 | 52,4 | 30,6 |
| 824 | 50,4 | ‘m‧ |
| 825 | 48,6 | ‘m‧ |
| 826 | 47,9 | ‘m‧ |
| 827 | 46,8 | ‘m‧ |
| 828 | 46,9 | 9,4 |
| 829 | 49,5 | 41,7 |
| 830 | 50,5 | 37,8 |
| 831 | 52,3 | 20,4 |
| 832 | 54,1 | 30,7 |
| 833 | 56,3 | 41,8 |
| 834 | 58,7 | 26,5 |
| 835 | 57,3 | ‘m‧ |
| 836 | 59 | ‘m‧ |
| 837 | 59,8 | ‘m‧ |
| 838 | 60,3 | ‘m‧ |
| 839 | 61,2 | ‘m‧ |
| 840 | 61,8 | ‘m‧ |
| 841 | 62,5 | ‘m‧ |
| 842 | 62,4 | ‘m‧ |
| 843 | 61,5 | ‘m‧ |
| 844 | 63,7 | ‘m‧ |
| 845 | 61,9 | ‘m‧ |
| 846 | 61,6 | 29,7 |
| 847 | 60,3 | ‘m‧ |
| 848 | 59,2 | ‘m‧ |
| 849 | 57,3 | ‘m‧ |
| 850 | 52,3 | ‘m‧ |
| 851 | 49,3 | ‘m‧ |
| 852 | 47,3 | ‘m‧ |
| 853 | 46,3 | 38,8 |
| 854 | 46,8 | 35,1 |
| 855 | 46,6 | ‘m‧ |
| 856 | 44,3 | ‘m‧ |
| 857 | 43,1 | ‘m‧ |
| 858 | 42,4 | 2,1 |
| 859 | 41,8 | 2,4 |
| 860 | 43,8 | 68,8 |
| 861 | 44,6 | 89,2 |
| 862 | 46 | 99,2 |
| 863 | 46,9 | 99,4 |
| 864 | 47,9 | 99,7 |
| 865 | 50,2 | 99,8 |
| 866 | 51,2 | 99,6 |
| 867 | 52,3 | 99,4 |
| 868 | 53 | 99,3 |
| 869 | 54,2 | 99,2 |
| 870 | 55,5 | 99,1 |
| 871 | 56,7 | 99 |
| 872 | 57,3 | 98,9 |
| 873 | 58 | 98,9 |
| 874 | 60,5 | 31,1 |
| 875 | 60,2 | ‘m‧ |
| 876 | 60,3 | ‘m‧ |
| 877 | 60,5 | 6,3 |
| 878 | 61,4 | 19,3 |
| 879 | 60,3 | 1,2 |
| 880 | 60,5 | 2,9 |
| 881 | 61,2 | 34,1 |
| 882 | 61,6 | 13,2 |
| 883 | 61,5 | 16,4 |
| 884 | 61,2 | 16,4 |
| 885 | 61,3 | ‘m‧ |
| 886 | 63,1 | ‘m‧ |
| 887 | 63,2 | 4,8 |
| 888 | 62,3 | 22,3 |
| 889 | 62 | 38,5 |
| 890 | 61,6 | 29,6 |
| 891 | 61,6 | 26,6 |
| 892 | 61,8 | 28,1 |
| 893 | 62 | 29,6 |
| 894 | 62 | 16,3 |
| 895 | 61,1 | ‘m‧ |
| 896 | 61,2 | ‘m‧ |
| 897 | 60,7 | 19,2 |
| 898 | 60,7 | 32,5 |
| 899 | 60,9 | 17,8 |
| 900 | 60,1 | 19,2 |
| 901 | 59,3 | 38,2 |
| 902 | 59,9 | 45 |
| 903 | 59,4 | 32,4 |
| 904 | 59,2 | 23,5 |
| 905 | 59,5 | 40,8 |
| 906 | 58,3 | ‘m‧ |
| 907 | 58,2 | ‘m‧ |
| 908 | 57,6 | ‘m‧ |
| 909 | 57,1 | ‘m‧ |
| 910 | 57 | 0,6 |
| 911 | 57 | 26,3 |
| 912 | 56,5 | 29,2 |
| 913 | 56,3 | 20,5 |
| 914 | 56,1 | ‘m‧ |
| 915 | 55,2 | ‘m‧ |
| 916 | 54,7 | 17,5 |
| 917 | 55,2 | 29,2 |
| 918 | 55,2 | 29,2 |
| 919 | 55,9 | 16 |
| 920 | 55,9 | 26,3 |
| 921 | 56,1 | 36,5 |
| 922 | 55,8 | 19 |
| 923 | 55,9 | 9,2 |
| 924 | 55,8 | 21,9 |
| 925 | 56,4 | 42,8 |
| 926 | 56,4 | 38 |
| 927 | 56,4 | 11 |
| 928 | 56,4 | 35,1 |
| 929 | 54 | 7,3 |
| 930 | 53,4 | 5,4 |
| 931 | 52,3 | 27,6 |
| 932 | 52,1 | 32 |
| 933 | 52,3 | 33,4 |
| 934 | 52,2 | 34,9 |
| 935 | 52,8 | 60,1 |
| 936 | 53,7 | 69,7 |
| 937 | 54 | 70,7 |
| 938 | 55,1 | 71,7 |
| 939 | 55,2 | 46 |
| 940 | 54,7 | 12,6 |
| 941 | 52,5 | 0 |
| 942 | 51,8 | 24,7 |
| 943 | 51,4 | 43,9 |
| 944 | 50,9 | 71,1 |
| 945 | 51,2 | 76,8 |
| 946 | 50,3 | 87,5 |
| 947 | 50,2 | 99,8 |
| 948 | 50,9 | 100 |
| 949 | 49,9 | 99,7 |
| 950 | 50,9 | 100 |
| 951 | 49,8 | 99,7 |
| 952 | 50,4 | 99,8 |
| 953 | 50,4 | 99,8 |
| 954 | 49,7 | 99,7 |
| 955 | 51 | 100 |
| 956 | 50,3 | 99,8 |
| 957 | 50,2 | 99,8 |
| 958 | 49,9 | 99,7 |
| 959 | 50,9 | 100 |
| 960 | 50 | 99,7 |
| 961 | 50,2 | 99,8 |
| 962 | 50,2 | 99,8 |
| 963 | 49,9 | 99,7 |
| 964 | 50,4 | 99,8 |
| 965 | 50,2 | 99,8 |
| 966 | 50,3 | 99,8 |
| 967 | 49,9 | 99,7 |
| 968 | 51,1 | 100 |
| 969 | 50,6 | 99,9 |
| 970 | 49,9 | 99,7 |
| 971 | 49,6 | 99,6 |
| 972 | 49,4 | 99,6 |
| 973 | 49 | 99,5 |
| 974 | 49,8 | 99,7 |
| 975 | 50,9 | 100 |
| 976 | 50,4 | 99,8 |
| 977 | 49,8 | 99,7 |
| 978 | 49,1 | 99,5 |
| 979 | 50,4 | 99,8 |
| 980 | 49,8 | 99,7 |
| 981 | 49,3 | 99,5 |
| 982 | 49,1 | 99,5 |
| 983 | 49,9 | 99,7 |
| 984 | 49,1 | 99,5 |
| 985 | 50,4 | 99,8 |
| 986 | 50,9 | 100 |
| 987 | 51,4 | 99,9 |
| 988 | 51,5 | 99,9 |
| 989 | 52,2 | 99,7 |
| 990 | 52,8 | 74,1 |
| 991 | 53,3 | 46 |
| 992 | 53,6 | 36,4 |
| 993 | 53,4 | 33,5 |
| 994 | 53,9 | 58,9 |
| 995 | 55,2 | 73,8 |
| 996 | 55,8 | 52,4 |
| 997 | 55,7 | 9,2 |
| 998 | 55,8 | 2,2 |
| 999 | 56,4 | 33,6 |
| 1000 | 55,4 | ‘m‧ |
| 1001 | 55,2 | ‘m‧ |
| 1002 | 55,8 | 26,3 |
| 1003 | 55,8 | 23,3 |
| 1004 | 56,4 | 50,2 |
| 1005 | 57,6 | 68,3 |
| 1006 | 58,8 | 90,2 |
| 1007 | 59,9 | 98,9 |
| 1008 | 62,3 | 98,8 |
| 1009 | 63,1 | 74,4 |
| 1010 | 63,7 | 49,4 |
| 1011 | 63,3 | 9,8 |
| 1012 | 48 | 0 |
| 1013 | 47,9 | 73,5 |
| 1014 | 49,9 | 99,7 |
| 1015 | 49,9 | 48,8 |
| 1016 | 49,6 | 2,3 |
| 1017 | 49,9 | ‘m‧ |
| 1018 | 49,3 | ‘m‧ |
| 1019 | 49,7 | 47,5 |
| 1020 | 49,1 | ‘m‧ |
| 1021 | 49,4 | ‘m‧ |
| 1022 | 48,3 | ‘m‧ |
| 1023 | 49,4 | ‘m‧ |
| 1024 | 48,5 | ‘m‧ |
| 1025 | 48,7 | ‘m‧ |
| 1026 | 48,7 | ‘m‧ |
| 1027 | 49,1 | ‘m‧ |
| 1028 | 49 | ‘m‧ |
| 1029 | 49,8 | ‘m‧ |
| 1030 | 48,7 | ‘m‧ |
| 1031 | 48,5 | ‘m‧ |
| 1032 | 49,3 | 31,3 |
| 1033 | 49,7 | 45,3 |
| 1034 | 48,3 | 44,5 |
| 1035 | 49,8 | 61 |
| 1036 | 49,4 | 64,3 |
| 1037 | 49,8 | 64,4 |
| 1038 | 50,5 | 65,6 |
| 1039 | 50,3 | 64,5 |
| 1040 | 51,2 | 82,9 |
| 1041 | 50,5 | 86 |
| 1042 | 50,6 | 89 |
| 1043 | 50,4 | 81,4 |
| 1044 | 49,9 | 49,9 |
| 1045 | 49,1 | 20,1 |
| 1046 | 47,9 | 24 |
| 1047 | 48,1 | 36,2 |
| 1048 | 47,5 | 34,5 |
| 1049 | 46,9 | 30,3 |
| 1050 | 47,7 | 53,5 |
| 1051 | 46,9 | 61,6 |
| 1052 | 46,5 | 73,6 |
| 1053 | 48 | 84,6 |
| 1054 | 47,2 | 87,7 |
| 1055 | 48,7 | 80 |
| 1056 | 48,7 | 50,4 |
| 1057 | 47,8 | 38,6 |
| 1058 | 48,8 | 63,1 |
| 1059 | 47,4 | 5 |
| 1060 | 47,3 | 47,4 |
| 1061 | 47,3 | 49,8 |
| 1062 | 46,9 | 23,9 |
| 1063 | 46,7 | 44,6 |
| 1064 | 46,8 | 65,2 |
| 1065 | 46,9 | 60,4 |
| 1066 | 46,7 | 61,5 |
| 1067 | 45,5 | ‘m‧ |
| 1068 | 45,5 | ‘m‧ |
| 1069 | 44,2 | ‘m‧ |
| 1070 | 43 | ‘m‧ |
| 1071 | 42,5 | ‘m‧ |
| 1072 | 41 | ‘m‧ |
| 1073 | 39,9 | ‘m‧ |
| 1074 | 39,9 | 38,2 |
| 1075 | 40,1 | 48,1 |
| 1076 | 39,9 | 48 |
| 1077 | 39,4 | 59,3 |
| 1078 | 43,8 | 19,8 |
| 1079 | 52,9 | 0 |
| 1080 | 52,8 | 88,9 |
| 1081 | 53,4 | 99,5 |
| 1082 | 54,7 | 99,3 |
| 1083 | 56,3 | 99,1 |
| 1084 | 57,5 | 99 |
| 1085 | 59 | 98,9 |
| 1086 | 59,8 | 98,9 |
| 1087 | 60,1 | 98,9 |
| 1088 | 61,8 | 48,3 |
| 1089 | 61,8 | 55,6 |
| 1090 | 61,7 | 59,8 |
| 1091 | 62 | 55,6 |
| 1092 | 62,3 | 29,6 |
| 1093 | 62 | 19,3 |
| 1094 | 61,3 | 7,9 |
| 1095 | 61,1 | 19,2 |
| 1096 | 61,2 | 43 |
| 1097 | 61,1 | 59,7 |
| 1098 | 61,1 | 98,8 |
| 1099 | 61,3 | 98,8 |
| 1100 | 61,3 | 26,6 |
| 1101 | 60,4 | ‘m‧ |
| 1102 | 58,8 | ‘m‧ |
| 1103 | 57,7 | ‘m‧ |
| 1104 | 56 | ‘m‧ |
| 1105 | 54,7 | ‘m‧ |
| 1106 | 53,3 | ‘m‧ |
| 1107 | 52,6 | 23,2 |
| 1108 | 53,4 | 84,2 |
| 1109 | 53,9 | 99,4 |
| 1110 | 54,9 | 99,3 |
| 1111 | 55,8 | 99,2 |
| 1112 | 57,1 | 99 |
| 1113 | 56,5 | 99,1 |
| 1114 | 58,9 | 98,9 |
| 1115 | 58,7 | 98,9 |
| 1116 | 59,8 | 98,9 |
| 1117 | 61 | 98,8 |
| 1118 | 60,7 | 19,2 |
| 1119 | 59,4 | ‘m‧ |
| 1120 | 57,9 | ‘m‧ |
| 1121 | 57,6 | ‘m‧ |
| 1122 | 56,3 | ‘m‧ |
| 1123 | 55 | ‘m‧ |
| 1124 | 53,7 | ‘m‧ |
| 1125 | 52,1 | ‘m‧ |
| 1126 | 51,1 | ‘m‧ |
| 1127 | 49,7 | 25,8 |
| 1128 | 49,1 | 46,1 |
| 1129 | 48,7 | 46,9 |
| 1130 | 48,2 | 46,7 |
| 1131 | 48 | 70 |
| 1132 | 48 | 70 |
| 1133 | 47,2 | 67,6 |
| 1134 | 47,3 | 67,6 |
| 1135 | 46,6 | 74,7 |
| 1136 | 47,4 | 13 |
| 1137 | 46,3 | ‘m‧ |
| 1138 | 45,4 | ‘m‧ |
| 1139 | 45,5 | 24,8 |
| 1140 | 44,8 | 73,8 |
| 1141 | 46,6 | 99 |
| 1142 | 46,3 | 98,9 |
| 1143 | 48,5 | 99,4 |
| 1144 | 49,9 | 99,7 |
| 1145 | 49,1 | 99,5 |
| 1146 | 49,1 | 99,5 |
| 1147 | 51 | 100 |
| 1148 | 51,5 | 99,9 |
| 1149 | 50,9 | 100 |
| 1150 | 51,6 | 99,9 |
| 1151 | 52,1 | 99,7 |
| 1152 | 50,9 | 100 |
| 1153 | 52,2 | 99,7 |
| 1154 | 51,5 | 98,3 |
| 1155 | 51,5 | 47,2 |
| 1156 | 50,8 | 78,4 |
| 1157 | 50,3 | 83 |
| 1158 | 50,3 | 31,7 |
| 1159 | 49,3 | 31,3 |
| 1160 | 48,8 | 21,5 |
| 1161 | 47,8 | 59,4 |
| 1162 | 48,1 | 77,1 |
| 1163 | 48,4 | 87,6 |
| 1164 | 49,6 | 87,5 |
| 1165 | 51 | 81,4 |
| 1166 | 51,6 | 66,7 |
| 1167 | 53,3 | 63,2 |
| 1168 | 55,2 | 62 |
| 1169 | 55,7 | 43,9 |
| 1170 | 56,4 | 30,7 |
| 1171 | 56,8 | 23,4 |
| 1172 | 57 | ‘m‧ |
| 1173 | 57,6 | ‘m‧ |
| 1174 | 56,9 | ‘m‧ |
| 1175 | 56,4 | 4 |
| 1176 | 57 | 23,4 |
| 1177 | 56,4 | 41,7 |
| 1178 | 57 | 49,2 |
| 1179 | 57,7 | 56,6 |
| 1180 | 58,6 | 56,6 |
| 1181 | 58,9 | 64 |
| 1182 | 59,4 | 68,2 |
| 1183 | 58,8 | 71,4 |
| 1184 | 60,1 | 71,3 |
| 1185 | 60,6 | 79,1 |
| 1186 | 60,7 | 83,3 |
| 1187 | 60,7 | 77,1 |
| 1188 | 60 | 73,5 |
| 1189 | 60,2 | 55,5 |
| 1190 | 59,7 | 54,4 |
| 1191 | 59,8 | 73,3 |
| 1192 | 59,8 | 77,9 |
| 1193 | 59,8 | 73,9 |
| 1194 | 60 | 76,5 |
| 1195 | 59,5 | 82,3 |
| 1196 | 59,9 | 82,8 |
| 1197 | 59,8 | 65,8 |
| 1198 | 59 | 48,6 |
| 1199 | 58,9 | 62,2 |
| 1200 | 59,1 | 70,4 |
| 1201 | 58,9 | 62,1 |
| 1202 | 58,4 | 67,4 |
| 1203 | 58,7 | 58,9 |
| 1204 | 58,3 | 57,7 |
| 1205 | 57,5 | 57,8 |
| 1206 | 57,2 | 57,6 |
| 1207 | 57,1 | 42,6 |
| 1208 | 57 | 70,1 |
| 1209 | 56,4 | 59,6 |
| 1210 | 56,7 | 39 |
| 1211 | 55,9 | 68,1 |
| 1212 | 56,3 | 79,1 |
| 1213 | 56,7 | 89,7 |
| 1214 | 56 | 89,4 |
| 1215 | 56 | 93,1 |
| 1216 | 56,4 | 93,1 |
| 1217 | 56,7 | 94,4 |
| 1218 | 56,9 | 94,8 |
| 1219 | 57 | 94,1 |
| 1220 | 57,7 | 94,3 |
| 1221 | 57,5 | 93,7 |
| 1222 | 58,4 | 93,2 |
| 1223 | 58,7 | 93,2 |
| 1224 | 58,2 | 93,7 |
| 1225 | 58,5 | 93,1 |
| 1226 | 58,8 | 86,2 |
| 1227 | 59 | 72,9 |
| 1228 | 58,2 | 59,9 |
| 1229 | 57,6 | 8,5 |
| 1230 | 57,1 | 47,6 |
| 1231 | 57,2 | 74,4 |
| 1232 | 57 | 79,1 |
| 1233 | 56,7 | 67,2 |
| 1234 | 56,8 | 69,1 |
| 1235 | 56,9 | 71,3 |
| 1236 | 57 | 77,3 |
| 1237 | 57,4 | 78,2 |
| 1238 | 57,3 | 70,6 |
| 1239 | 57,7 | 64 |
| 1240 | 57,5 | 55,6 |
| 1241 | 58,6 | 49,6 |
| 1242 | 58,2 | 41,1 |
| 1243 | 58,8 | 40,6 |
| 1244 | 58,3 | 21,1 |
| 1245 | 58,7 | 24,9 |
| 1246 | 59,1 | 24,8 |
| 1247 | 58,6 | ‘m‧ |
| 1248 | 58,8 | ‘m‧ |
| 1249 | 58,8 | ‘m‧ |
| 1250 | 58,7 | ‘m‧ |
| 1251 | 59,1 | ‘m‧ |
| 1252 | 59,1 | ‘m‧ |
| 1253 | 59,4 | ‘m‧ |
| 1254 | 60,6 | 2,6 |
| 1255 | 59,6 | ‘m‧ |
| 1256 | 60,1 | ‘m‧ |
| 1257 | 60,6 | ‘m‧ |
| 1258 | 59,6 | 4,1 |
| 1259 | 60,7 | 7,1 |
| 1260 | 60,5 | ‘m‧ |
| 1261 | 59,7 | ‘m‧ |
| 1262 | 59,6 | ‘m‧ |
| 1263 | 59,8 | ‘m‧ |
| 1264 | 59,6 | 4,9 |
| 1265 | 60,1 | 5,9 |
| 1266 | 59,9 | 6,1 |
| 1267 | 59,7 | ‘m‧ |
| 1268 | 59,6 | ‘m‧ |
| 1269 | 59,7 | 22 |
| 1270 | 59,8 | 10,3 |
| 1271 | 59,9 | 10 |
| 1272 | 60,6 | 6,2 |
| 1273 | 60,5 | 7,3 |
| 1274 | 60,2 | 14,8 |
| 1275 | 60,6 | 8,2 |
| 1276 | 60,6 | 5,5 |
| 1277 | 61 | 14,3 |
| 1278 | 61 | 12 |
| 1279 | 61,3 | 34,2 |
| 1280 | 61,2 | 17,1 |
| 1281 | 61,5 | 15,7 |
| 1282 | 61 | 9,5 |
| 1283 | 61,1 | 9,2 |
| 1284 | 60,5 | 4,3 |
| 1285 | 60,2 | 7,8 |
| 1286 | 60,2 | 5,9 |
| 1287 | 60,2 | 5,3 |
| 1288 | 59,9 | 4,6 |
| 1289 | 59,4 | 21,5 |
| 1290 | 59,6 | 15,8 |
| 1291 | 59,3 | 10,1 |
| 1292 | 58,9 | 9,4 |
| 1293 | 58,8 | 9 |
| 1294 | 58,9 | 35,4 |
| 1295 | 58,9 | 30,7 |
| 1296 | 58,9 | 25,9 |
| 1297 | 58,7 | 22,9 |
| 1298 | 58,7 | 24,4 |
| 1299 | 59,3 | 61 |
| 1300 | 60,1 | 56 |
| 1301 | 60,5 | 50,6 |
| 1302 | 59,5 | 16,2 |
| 1303 | 59,7 | 50 |
| 1304 | 59,7 | 31,4 |
| 1305 | 60,1 | 43,1 |
| 1306 | 60,8 | 38,4 |
| 1307 | 60,9 | 40,2 |
| 1308 | 61,3 | 49,7 |
| 1309 | 61,8 | 45,9 |
| 1310 | 62 | 45,9 |
| 1311 | 62,2 | 45,8 |
| 1312 | 62,6 | 46,8 |
| 1313 | 62,7 | 44,3 |
| 1314 | 62,9 | 44,4 |
| 1315 | 63,1 | 43,7 |
| 1316 | 63,5 | 46,1 |
| 1317 | 63,6 | 40,7 |
| 1318 | 64,3 | 49,5 |
| 1319 | 63,7 | 27 |
| 1320 | 63,8 | 15 |
| 1321 | 63,6 | 18,7 |
| 1322 | 63,4 | 8,4 |
| 1323 | 63,2 | 8,7 |
| 1324 | 63,3 | 21,6 |
| 1325 | 62,9 | 19,7 |
| 1326 | 63 | 22,1 |
| 1327 | 63,1 | 20,3 |
| 1328 | 61,8 | 19,1 |
| 1329 | 61,6 | 17,1 |
| 1330 | 61 | 0 |
| 1331 | 61,2 | 22 |
| 1332 | 60,8 | 40,3 |
| 1333 | 61,1 | 34,3 |
| 1334 | 60,7 | 16,1 |
| 1335 | 60,6 | 16,6 |
| 1336 | 60,5 | 18,5 |
| 1337 | 60,6 | 29,8 |
| 1338 | 60,9 | 19,5 |
| 1339 | 60,9 | 22,3 |
| 1340 | 61,4 | 35,8 |
| 1341 | 61,3 | 42,9 |
| 1342 | 61,5 | 31 |
| 1343 | 61,3 | 19,2 |
| 1344 | 61 | 9,3 |
| 1345 | 60,8 | 44,2 |
| 1346 | 60,9 | 55,3 |
| 1347 | 61,2 | 56 |
| 1348 | 60,9 | 60,1 |
| 1349 | 60,7 | 59,1 |
| 1350 | 60,9 | 56,8 |
| 1351 | 60,7 | 58,1 |
| 1352 | 59,6 | 78,4 |
| 1353 | 59,6 | 84,6 |
| 1354 | 59,4 | 66,6 |
| 1355 | 59,3 | 75,5 |
| 1356 | 58,9 | 49,6 |
| 1357 | 59,1 | 75,8 |
| 1358 | 59 | 77,6 |
| 1359 | 59 | 67,8 |
| 1360 | 59 | 56,7 |
| 1361 | 58,8 | 54,2 |
| 1362 | 58,9 | 59,6 |
| 1363 | 58,9 | 60,8 |
| 1364 | 59,3 | 56,1 |
| 1365 | 58,9 | 48,5 |
| 1366 | 59,3 | 42,9 |
| 1367 | 59,4 | 41,4 |
| 1368 | 59,6 | 38,9 |
| 1369 | 59,4 | 32,9 |
| 1370 | 59,3 | 30,6 |
| 1371 | 59,4 | 30 |
| 1372 | 59,4 | 25,3 |
| 1373 | 58,8 | 18,6 |
| 1374 | 59,1 | 18 |
| 1375 | 58,5 | 10,6 |
| 1376 | 58,8 | 10,5 |
| 1377 | 58,5 | 8,2 |
| 1378 | 58,7 | 13,7 |
| 1379 | 59,1 | 7,8 |
| 1380 | 59,1 | 6 |
| 1381 | 59,1 | 6 |
| 1382 | 59,4 | 13,1 |
| 1383 | 59,7 | 22,3 |
| 1384 | 60,7 | 10,5 |
| 1385 | 59,8 | 9,8 |
| 1386 | 60,2 | 8,8 |
| 1387 | 59,9 | 8,7 |
| 1388 | 61 | 9,1 |
| 1389 | 60,6 | 28,2 |
| 1390 | 60,6 | 22 |
| 1391 | 59,6 | 23,2 |
| 1392 | 59,6 | 19 |
| 1393 | 60,6 | 38,4 |
| 1394 | 59,8 | 41,6 |
| 1395 | 60 | 47,3 |
| 1396 | 60,5 | 55,4 |
| 1397 | 60,9 | 58,7 |
| 1398 | 61,3 | 37,9 |
| 1399 | 61,2 | 38,3 |
| 1400 | 61,4 | 58,7 |
| 1401 | 61,3 | 51,3 |
| 1402 | 61,4 | 71,1 |
| 1403 | 61,1 | 51 |
| 1404 | 61,5 | 56,6 |
| 1405 | 61 | 60,6 |
| 1406 | 61,1 | 75,4 |
| 1407 | 61,4 | 69,4 |
| 1408 | 61,6 | 69,9 |
| 1409 | 61,7 | 59,6 |
| 1410 | 61,8 | 54,8 |
| 1411 | 61,6 | 53,6 |
| 1412 | 61,3 | 53,5 |
| 1413 | 61,3 | 52,9 |
| 1414 | 61,2 | 54,1 |
| 1415 | 61,3 | 53,2 |
| 1416 | 61,2 | 52,2 |
| 1417 | 61,2 | 52,3 |
| 1418 | 61 | 48 |
| 1419 | 60,9 | 41,5 |
| 1420 | 61 | 32,2 |
| 1421 | 60,7 | 22 |
| 1422 | 60,7 | 23,3 |
| 1423 | 60,8 | 38,8 |
| 1424 | 61 | 40,7 |
| 1425 | 61 | 30,6 |
| 1426 | 61,3 | 62,6 |
| 1427 | 61,7 | 55,9 |
| 1428 | 62,3 | 43,4 |
| 1429 | 62,3 | 37,4 |
| 1430 | 62,3 | 35,7 |
| 1431 | 62,8 | 34,4 |
| 1432 | 62,8 | 31,5 |
| 1433 | 62,9 | 31,7 |
| 1434 | 62,9 | 29,9 |
| 1435 | 62,8 | 29,4 |
| 1436 | 62,7 | 28,7 |
| 1437 | 61,5 | 14,7 |
| 1438 | 61,9 | 17,2 |
| 1439 | 61,5 | 6,1 |
| 1440 | 61 | 9,9 |
| 1441 | 60,9 | 4,8 |
| 1442 | 60,6 | 11,1 |
| 1443 | 60,3 | 6,9 |
| 1444 | 60,8 | 7 |
| 1445 | 60,2 | 9,2 |
| 1446 | 60,5 | 21,7 |
| 1447 | 60,2 | 22,4 |
| 1448 | 60,7 | 31,6 |
| 1449 | 60,9 | 28,9 |
| 1450 | 59,6 | 21,7 |
| 1451 | 60,2 | 18 |
| 1452 | 59,5 | 16,7 |
| 1453 | 59,8 | 15,7 |
| 1454 | 59,6 | 15,7 |
| 1455 | 59,3 | 15,7 |
| 1456 | 59 | 7,5 |
| 1457 | 58,8 | 7,1 |
| 1458 | 58,7 | 16,5 |
| 1459 | 59,2 | 50,7 |
| 1460 | 59,7 | 60,2 |
| 1461 | 60,4 | 44 |
| 1462 | 60,2 | 35,3 |
| 1463 | 60,4 | 17,1 |
| 1464 | 59,9 | 13,5 |
| 1465 | 59,9 | 12,8 |
| 1466 | 59,6 | 14,8 |
| 1467 | 59,4 | 15,9 |
| 1468 | 59,4 | 22 |
| 1469 | 60,4 | 38,4 |
| 1470 | 59,5 | 38,8 |
| 1471 | 59,3 | 31,9 |
| 1472 | 60,9 | 40,8 |
| 1473 | 60,7 | 39 |
| 1474 | 60,9 | 30,1 |
| 1475 | 61 | 29,3 |
| 1476 | 60,6 | 28,4 |
| 1477 | 60,9 | 36,3 |
| 1478 | 60,8 | 30,5 |
| 1479 | 60,7 | 26,7 |
| 1480 | 60,1 | 4,7 |
| 1481 | 59,9 | 0 |
| 1482 | 60,4 | 36,2 |
| 1483 | 60,7 | 32,5 |
| 1484 | 59,9 | 3,1 |
| 1485 | 59,7 | ‘m‧ |
| 1486 | 59,5 | ‘m‧ |
| 1487 | 59,2 | ‘m‧ |
| 1488 | 58,8 | 0,6 |
| 1489 | 58,7 | ‘m‧ |
| 1490 | 58,7 | ‘m‧ |
| 1491 | 57,9 | ‘m‧ |
| 1492 | 58,2 | ‘m‧ |
| 1493 | 57,6 | ‘m‧ |
| 1494 | 58,3 | 9,5 |
| 1495 | 57,2 | 6 |
| 1496 | 57,4 | 27,3 |
| 1497 | 58,3 | 59,9 |
| 1498 | 58,3 | 7,3 |
| 1499 | 58,8 | 21,7 |
| 1500 | 58,8 | 38,9 |
| 1501 | 59,4 | 26,2 |
| 1502 | 59,1 | 25,5 |
| 1503 | 59,1 | 26 |
| 1504 | 59 | 39,1 |
| 1505 | 59,5 | 52,3 |
| 1506 | 59,4 | 31 |
| 1507 | 59,4 | 27 |
| 1508 | 59,4 | 29,8 |
| 1509 | 59,4 | 23,1 |
| 1510 | 58,9 | 16 |
| 1511 | 59 | 31,5 |
| 1512 | 58,8 | 25,9 |
| 1513 | 58,9 | 40,2 |
| 1514 | 58,8 | 28,4 |
| 1515 | 58,9 | 38,9 |
| 1516 | 59,1 | 35,3 |
| 1517 | 58,8 | 30,3 |
| 1518 | 59 | 19 |
| 1519 | 58,7 | 3 |
| 1520 | 57,9 | 0 |
| 1521 | 58 | 2,4 |
| 1522 | 57,1 | ‘m‧ |
| 1523 | 56,7 | ‘m‧ |
| 1524 | 56,7 | 5,3 |
| 1525 | 56,6 | 2,1 |
| 1526 | 56,8 | ‘m‧ |
| 1527 | 56,3 | ‘m‧ |
| 1528 | 56,3 | ‘m‧ |
| 1529 | 56 | ‘m‧ |
| 1530 | 56,7 | ‘m‧ |
| 1531 | 56,6 | 3,8 |
| 1532 | 56,9 | ‘m‧ |
| 1533 | 56,9 | ‘m‧ |
| 1534 | 57,4 | ‘m‧ |
| 1535 | 57,4 | ‘m‧ |
| 1536 | 58,3 | 13,9 |
| 1537 | 58,5 | ‘m‧ |
| 1538 | 59,1 | ‘m‧ |
| 1539 | 59,4 | ‘m‧ |
| 1540 | 59,6 | ‘m‧ |
| 1541 | 59,5 | ‘m‧ |
| 1542 | 59,6 | 0,5 |
| 1543 | 59,3 | 9,2 |
| 1544 | 59,4 | 11,2 |
| 1545 | 59,1 | 26,8 |
| 1546 | 59 | 11,7 |
| 1547 | 58,8 | 6,4 |
| 1548 | 58,7 | 5 |
| 1549 | 57,5 | ‘m‧ |
| 1550 | 57,4 | ‘m‧ |
| 1551 | 57,1 | 1,1 |
| 1552 | 57,1 | 0 |
| 1553 | 57 | 4,5 |
| 1554 | 57,1 | 3,7 |
| 1555 | 57,3 | 3,3 |
| 1556 | 57,3 | 16,8 |
| 1557 | 58,2 | 29,3 |
| 1558 | 58,7 | 12,5 |
| 1559 | 58,3 | 12,2 |
| 1560 | 58,6 | 12,7 |
| 1561 | 59 | 13,6 |
| 1562 | 59,8 | 21,9 |
| 1563 | 59,3 | 20,9 |
| 1564 | 59,7 | 19,2 |
| 1565 | 60,1 | 15,9 |
| 1566 | 60,7 | 16,7 |
| 1567 | 60,7 | 18,1 |
| 1568 | 60,7 | 40,6 |
| 1569 | 60,7 | 59,7 |
| 1570 | 61,1 | 66,8 |
| 1571 | 61,1 | 58,8 |
| 1572 | 60,8 | 64,7 |
| 1573 | 60,1 | 63,6 |
| 1574 | 60,7 | 83,2 |
| 1575 | 60,4 | 82,2 |
| 1576 | 60 | 80,5 |
| 1577 | 59,9 | 78,7 |
| 1578 | 60,8 | 67,9 |
| 1579 | 60,4 | 57,7 |
| 1580 | 60,2 | 60,6 |
| 1581 | 59,6 | 72,7 |
| 1582 | 59,9 | 73,6 |
| 1583 | 59,8 | 74,1 |
| 1584 | 59,6 | 84,6 |
| 1585 | 59,4 | 76,1 |
| 1586 | 60,1 | 76,9 |
| 1587 | 59,5 | 84,6 |
| 1588 | 59,8 | 77,5 |
| 1589 | 60,6 | 67,9 |
| 1590 | 59,3 | 47,3 |
| 1591 | 59,3 | 43,1 |
| 1592 | 59,4 | 38,3 |
| 1593 | 58,7 | 38,2 |
| 1594 | 58,8 | 39,2 |
| 1595 | 59,1 | 67,9 |
| 1596 | 59,7 | 60,5 |
| 1597 | 59,5 | 32,9 |
| 1598 | 59,6 | 20 |
| 1599 | 59,6 | 34,4 |
| 1600 | 59,4 | 23,9 |
| 1601 | 59,6 | 15,7 |
| 1602 | 59,9 | 41 |
| 1603 | 60,5 | 26,3 |
| 1604 | 59,6 | 14 |
| 1605 | 59,7 | 21,2 |
| 1606 | 60,9 | 19,6 |
| 1607 | 60,1 | 34,3 |
| 1608 | 59,9 | 27 |
| 1609 | 60,8 | 25,6 |
| 1610 | 60,6 | 26,3 |
| 1611 | 60,9 | 26,1 |
| 1612 | 61,1 | 38 |
| 1613 | 61,2 | 31,6 |
| 1614 | 61,4 | 30,6 |
| 1615 | 61,7 | 29,6 |
| 1616 | 61,5 | 28,8 |
| 1617 | 61,7 | 27,8 |
| 1618 | 62,2 | 20,3 |
| 1619 | 61,4 | 19,6 |
| 1620 | 61,8 | 19,7 |
| 1621 | 61,8 | 18,7 |
| 1622 | 61,6 | 17,7 |
| 1623 | 61,7 | 8,7 |
| 1624 | 61,7 | 1,4 |
| 1625 | 61,7 | 5,9 |
| 1626 | 61,2 | 8,1 |
| 1627 | 61,9 | 45,8 |
| 1628 | 61,4 | 31,5 |
| 1629 | 61,7 | 22,3 |
| 1630 | 62,4 | 21,7 |
| 1631 | 62,8 | 21,9 |
| 1632 | 62,2 | 22,2 |
| 1633 | 62,5 | 31 |
| 1634 | 62,3 | 31,3 |
| 1635 | 62,6 | 31,7 |
| 1636 | 62,3 | 22,8 |
| 1637 | 62,7 | 12,6 |
| 1638 | 62,2 | 15,2 |
| 1639 | 61,9 | 32,6 |
| 1640 | 62,5 | 23,1 |
| 1641 | 61,7 | 19,4 |
| 1642 | 61,7 | 10,8 |
| 1643 | 61,6 | 10,2 |
| 1644 | 61,4 | ‘m‧ |
| 1645 | 60,8 | ‘m‧ |
| 1646 | 60,7 | ‘m‧ |
| 1647 | 61 | 12,4 |
| 1648 | 60,4 | 5,3 |
| 1649 | 61 | 13,1 |
| 1650 | 60,7 | 29,6 |
| 1651 | 60,5 | 28,9 |
| 1652 | 60,8 | 27,1 |
| 1653 | 61,2 | 27,3 |
| 1654 | 60,9 | 20,6 |
| 1655 | 61,1 | 13,9 |
| 1656 | 60,7 | 13,4 |
| 1657 | 61,3 | 26,1 |
| 1658 | 60,9 | 23,7 |
| 1659 | 61,4 | 32,1 |
| 1660 | 61,7 | 33,5 |
| 1661 | 61,8 | 34,1 |
| 1662 | 61,7 | 17 |
| 1663 | 61,7 | 2,5 |
| 1664 | 61,5 | 5,9 |
| 1665 | 61,3 | 14,9 |
| 1666 | 61,5 | 17,2 |
| 1667 | 61,1 | ‘m‧ |
| 1668 | 61,4 | ‘m‧ |
| 1669 | 61,4 | 8,8 |
| 1670 | 61,3 | 8,8 |
| 1671 | 61 | 18 |
| 1672 | 61,5 | 13 |
| 1673 | 61 | 3,7 |
| 1674 | 60,9 | 3,1 |
| 1675 | 60,9 | 4,7 |
| 1676 | 60,6 | 4,1 |
| 1677 | 60,6 | 6,7 |
| 1678 | 60,6 | 12,8 |
| 1679 | 60,7 | 11,9 |
| 1680 | 60,6 | 12,4 |
| 1681 | 60,1 | 12,4 |
| 1682 | 60,5 | 12 |
| 1683 | 60,4 | 11,8 |
| 1684 | 59,9 | 12,4 |
| 1685 | 59,6 | 12,4 |
| 1686 | 59,6 | 9,1 |
| 1687 | 59,9 | 0 |
| 1688 | 59,9 | 20,4 |
| 1689 | 59,8 | 4,4 |
| 1690 | 59,4 | 3,1 |
| 1691 | 59,5 | 26,3 |
| 1692 | 59,6 | 20,1 |
| 1693 | 59,4 | 35 |
| 1694 | 60,9 | 22,1 |
| 1695 | 60,5 | 12,2 |
| 1696 | 60,1 | 11 |
| 1697 | 60,1 | 8,2 |
| 1698 | 60,5 | 6,7 |
| 1699 | 60 | 5,1 |
| 1700 | 60 | 5,1 |
| 1701 | 60 | 9 |
| 1702 | 60,1 | 5,7 |
| 1703 | 59,9 | 8,5 |
| 1704 | 59,4 | 6 |
| 1705 | 59,5 | 5,5 |
| 1706 | 59,5 | 14,2 |
| 1707 | 59,5 | 6,2 |
| 1708 | 59,4 | 10,3 |
| 1709 | 59,6 | 13,8 |
| 1710 | 59,5 | 13,9 |
| 1711 | 60,1 | 18,9 |
| 1712 | 59,4 | 13,1 |
| 1713 | 59,8 | 5,4 |
| 1714 | 59,9 | 2,9 |
| 1715 | 60,1 | 7,1 |
| 1716 | 59,6 | 12 |
| 1717 | 59,6 | 4,9 |
| 1718 | 59,4 | 22,7 |
| 1719 | 59,6 | 22 |
| 1720 | 60,1 | 17,4 |
| 1721 | 60,2 | 16,6 |
| 1722 | 59,4 | 28,6 |
| 1723 | 60,3 | 22,4 |
| 1724 | 59,9 | 20 |
| 1725 | 60,2 | 18,6 |
| 1726 | 60,3 | 11,9 |
| 1727 | 60,4 | 11,6 |
| 1728 | 60,6 | 10,6 |
| 1729 | 60,8 | 16 |
| 1730 | 60,9 | 17 |
| 1731 | 60,9 | 16,1 |
| 1732 | 60,7 | 11,4 |
| 1733 | 60,9 | 11,3 |
| 1734 | 61,1 | 11,2 |
| 1735 | 61,1 | 25,6 |
| 1736 | 61 | 14,6 |
| 1737 | 61 | 10,4 |
| 1738 | 60,6 | ‘m‧ |
| 1739 | 60,9 | ‘m‧ |
| 1740 | 60,8 | 4,8 |
| 1741 | 59,9 | ‘m‧ |
| 1742 | 59,8 | ‘m‧ |
| 1743 | 59,1 | ‘m‧ |
| 1744 | 58,8 | ‘m‧ |
| 1745 | 58,8 | ‘m‧ |
| 1746 | 58,2 | ‘m‧ |
| 1747 | 58,5 | 14,3 |
| 1748 | 57,5 | 4,4 |
| 1749 | 57,9 | 0 |
| 1750 | 57,8 | 20,9 |
| 1751 | 58,3 | 9,2 |
| 1752 | 57,8 | 8,2 |
| 1753 | 57,5 | 15,3 |
| 1754 | 58,4 | 38 |
| 1755 | 58,1 | 15,4 |
| 1756 | 58,8 | 11,8 |
| 1757 | 58,3 | 8,1 |
| 1758 | 58,3 | 5,5 |
| 1759 | 59 | 4,1 |
| 1760 | 58,2 | 4,9 |
| 1761 | 57,9 | 10,1 |
| 1762 | 58,5 | 7,5 |
| 1763 | 57,4 | 7 |
| 1764 | 58,2 | 6,7 |
| 1765 | 58,2 | 6,6 |
| 1766 | 57,3 | 17,3 |
| 1767 | 58 | 11,4 |
| 1768 | 57,5 | 47,4 |
| 1769 | 57,4 | 28,8 |
| 1770 | 58,8 | 24,3 |
| 1771 | 57,7 | 25,5 |
| 1772 | 58,4 | 35,5 |
| 1773 | 58,4 | 29,3 |
| 1774 | 59 | 33,8 |
| 1775 | 59 | 18,7 |
| 1776 | 58,8 | 9,8 |
| 1777 | 58,8 | 23,9 |
| 1778 | 59,1 | 48,2 |
| 1779 | 59,4 | 37,2 |
| 1780 | 59,6 | 29,1 |
| 1781 | 50 | 25 |
| 1782 | 40 | 20 |
| 1783 | 30 | 15 |
| 1784 | 20 | 10 |
| 1785 | 10 | 5 |
| 1786 | 0 | 0 |
| 1787 | 0 | 0 |
| 1788 | 0 | 0 |
| 1789 | 0 | 0 |
| 1790 | 0 | 0 |
| 1791 | 0 | 0 |
| 1792 | 0 | 0 |
| 1793 | 0 | 0 |
| 1794 | 0 | 0 |
| 1795 | 0 | 0 |
| 1796 | 0 | 0 |
| 1797 | 0 | 0 |
| 1798 | 0 | 0 |
| 1799 | 0 | 0 |
| 1800 | 0 | 0 |
| ‘m‧ = motoring |

Time

s

Norm. Speed

%

Norm. Torque

%

1

0

0

2

0

0

3

0

0

4

0

0

5

0

0

6

0

0

7

0

0

8

0

0

9

0

0

10

0

0

11

0

0

12

0

0

13

0

0

14

0

0

15

0

0

16

0,1

1,5

17

23,1

21,5

18

12,6

28,5

19

21,8

71

20

19,7

76,8

21

54,6

80,9

22

71,3

4,9

23

55,9

18,1

24

72

85,4

25

86,7

61,8

26

51,7

0

27

53,4

48,9

28

34,2

87,6

29

45,5

92,7

30

54,6

99,5

31

64,5

96,8

32

71,7

85,4

33

79,4

54,8

34

89,7

99,4

35

57,4

0

36

59,7

30,6

37

90,1

‘m‧

38

82,9

‘m‧

39

51,3

‘m‧

40

28,5

‘m‧

41

29,3

‘m‧

42

26,7

‘m‧

43

20,4

‘m‧

44

14,1

0

45

6,5

0

46

0

0

47

0

0

48

0

0

49

0

0

50

0

0

51

0

0

52

0

0

53

0

0

54

0

0

55

0

0

56

0

0

57

0

0

58

0

0

59

0

0

60

0

0

61

0

0

62

25,5

11,1

63

28,5

20,9

64

32

73,9

65

4

82,3

66

34,5

80,4

67

64,1

86

68

58

0

69

50,3

83,4

70

66,4

99,1

71

81,4

99,6

72

88,7

73,4

73

52,5

0

74

46,4

58,5

75

48,6

90,9

76

55,2

99,4

77

62,3

99

78

68,4

91,5

79

74,5

73,7

80

38

0

81

41,8

89,6

82

47,1

99,2

83

52,5

99,8

84

56,9

80,8

85

58,3

11,8

86

56,2

‘m‧

87

52

‘m‧

88

43,3

‘m‧

89

36,1

‘m‧

90

27,6

‘m‧

91

21,1

‘m‧

92

8

0

93

0

0

94

0

0

95

0

0

96

0

0

97

0

0

98

0

0

99

0

0

100

0

0

101

0

0

102

0

0

103

0

0

104

0

0

105

0

0

106

0

0

107

0

0

108

11,6

14,8

109

0

0

110

27,2

74,8

111

17

76,9

112

36

78

113

59,7

86

114

80,8

17,9

115

49,7

0

116

65,6

86

117

78,6

72,2

118

64,9

‘m‧

119

44,3

‘m‧

120

51,4

83,4

121

58,1

97

122

69,3

99,3

123

72

20,8

124

72,1

‘m‧

125

65,3

‘m‧

126

64

‘m‧

127

59,7

‘m‧

128

52,8

‘m‧

129

45,9

‘m‧

130

38,7

‘m‧

131

32,4

‘m‧

132

27

‘m‧

133

21,7

‘m‧

134

19,1

0,4

135

34,7

14

136

16,4

48,6

137

0

11,2

138

1,2

2,1

139

30,1

19,3

140

30

73,9

141

54,4

74,4

142

77,2

55,6

143

58,1

0

144

45

82,1

145

68,7

98,1

146

85,7

67,2

147

60,2

0

148

59,4

98

149

72,7

99,6

150

79,9

45

151

44,3

0

152

41,5

84,4

153

56,2

98,2

154

65,7

99,1

155

74,4

84,7

156

54,4

0

157

47,9

89,7

158

54,5

99,5

159

62,7

96,8

160

62,3

0

161

46,2

54,2

162

44,3

83,2

163

48,2

13,3

164

51

‘m‧

165

50

‘m‧

166

49,2

‘m‧

167

49,3

‘m‧

168

49,9

‘m‧

169

51,6

‘m‧

170

49,7

‘m‧

171

48,5

‘m‧

172

50,3

72,5

173

51,1

84,5

174

54,6

64,8

175

56,6

76,5

176

58

‘m‧

177

53,6

‘m‧

178

40,8

‘m‧

179

32,9

‘m‧

180

26,3

‘m‧

181

20,9

‘m‧

182

10

0

183

0

0

184

0

0

185

0

0

186

0

0

187

0

0

188

0

0

189

0

0

190

0

0

191

0

0

192

0

0

193

0

0

194

0

0

195

0

0

196

0

0

197

0

0

198

0

0

199

0

0

200

0

0

201

0

0

202

0

0

203

0

0

204

0

0

205

0

0

206

0

0

207

0

0

208

0

0

209

0

0

210

0

0

211

0

0

212

0

0

213

0

0

214

0

0

215

0

0

216

0

0

217

0

0

218

0

0

219

0

0

220

0

0

221

0

0

222

0

0

223

0

0

224

0

0

225

21,2

62,7

226

30,8

75,1

227

5,9

82,7

228

34,6

80,3

229

59,9

87

230

84,3

86,2

231

68,7

‘m‧

232

43,6

‘m‧

233

41,5

85,4

234

49,9

94,3

235

60,8

99

236

70,2

99,4

237

81,1

92,4

238

49,2

0

239

56

86,2

240

56,2

99,3

241

61,7

99

242

69,2

99,3

243

74,1

99,8

244

72,4

8,4

245

71,3

0

246

71,2

9,1

247

67,1

‘m‧

248

65,5

‘m‧

249

64,4

‘m‧

250

62,9

25,6

251

62,2

35,6

252

62,9

24,4

253

58,8

‘m‧

254

56,9

‘m‧

255

54,5

‘m‧

256

51,7

17

257

56,2

78,7

258

59,5

94,7

259

65,5

99,1

260

71,2

99,5

261

76,6

99,9

262

79

0

263

52,9

97,5

264

53,1

99,7

265

59

99,1

266

62,2

99

267

65

99,1

268

69

83,1

269

69,9

28,4

270

70,6

12,5

271

68,9

8,4

272

69,8

9,1

273

69,6

7

274

65,7

‘m‧

275

67,1

‘m‧

276

66,7

‘m‧

277

65,6

‘m‧

278

64,5

‘m‧

279

62,9

‘m‧

280

59,3

‘m‧

281

54,1

‘m‧

282

51,3

‘m‧

283

47,9

‘m‧

284

43,6

‘m‧

285

39,4

‘m‧

286

34,7

‘m‧

287

29,8

‘m‧

288

20,9

73,4

289

36,9

‘m‧

290

35,5

‘m‧

291

20,9

‘m‧

292

49,7

11,9

293

42,5

‘m‧

294

32

‘m‧

295

23,6

‘m‧

296

19,1

0

297

15,7

73,5

298

25,1

76,8

299

34,5

81,4

300

44,1

87,4

301

52,8

98,6

302

63,6

99

303

73,6

99,7

304

62,2

‘m‧

305

29,2

‘m‧

306

46,4

22

307

47,3

13,8

308

47,2

12,5

309

47,9

11,5

310

47,8

35,5

311

49,2

83,3

312

52,7

96,4

313

57,4

99,2

314

61,8

99

315

66,4

60,9

316

65,8

‘m‧

317

59

‘m‧

318

50,7

‘m‧

319

41,8

‘m‧

320

34,7

‘m‧

321

28,7

‘m‧

322

25,2

‘m‧

323

43

24,8

324

38,7

0

325

48,1

31,9

326

40,3

61

327

42,4

52,1

328

46,4

47,7

329

46,9

30,7

330

46,1

23,1

331

45,7

23,2

332

45,5

31,9

333

46,4

73,6

334

51,3

60,7

335

51,3

51,1

336

53,2

46,8

337

53,9

50

338

53,4

52,1

339

53,8

45,7

340

50,6

22,1

341

47,8

26

342

41,6

17,8

343

38,7

29,8

344

35,9

71,6

345

34,6

47,3

346

34,8

80,3

347

35,9

87,2

348

38,8

90,8

349

41,5

94,7

350

47,1

99,2

351

53,1

99,7

352

46,4

0

353

42,5

0,7

354

43,6

58,6

355

47,1

87,5

356

54,1

99,5

357

62,9

99

358

72,6

99,6

359

82,4

99,5

360

88

99,4

361

46,4

0

362

53,4

95,2

363

58,4

99,2

364

61,5

99

365

64,8

99

366

68,1

99,2

367

73,4

99,7

368

73,3

29,8

369

73,5

14,6

370

68,3

0

371

45,4

49,9

372

47,2

75,7

373

44,5

9

374

47,8

10,3

375

46,8

15,9

376

46,9

12,7

377

46,8

8,9

378

46,1

6,2

379

46,1

‘m‧

380

45,5

‘m‧

381

44,7

‘m‧

382

43,8

‘m‧

383

41

‘m‧

384

41,1

6,4

385

38

6,3

386

35,9

0,3

387

33,5

0

388

53,1

48,9

389

48,3

‘m‧

390

49,9

‘m‧

391

48

‘m‧

392

45,3

‘m‧

393

41,6

3,1

394

44,3

79

395

44,3

89,5

396

43,4

98,8

397

44,3

98,9

398

43

98,8

399

42,2

98,8

400

42,7

98,8

401

45

99

402

43,6

98,9

403

42,2

98,8

404

44,8

99

405

43,4

98,8

406

45

99

407

42,2

54,3

408

61,2

31,9

409

56,3

72,3

410

59,7

99,1

411

62,3

99

412

67,9

99,2

413

69,5

99,3

414

73,1

99,7

415

77,7

99,8

416

79,7

99,7

417

82,5

99,5

418

85,3

99,4

419

86,6

99,4

420

89,4

99,4

421

62,2

0

422

52,7

96,4

423

50,2

99,8

424

49,3

99,6

425

52,2

99,8

426

51,3

100

427

51,3

100

428

51,1

100

429

51,1

100

430

51,8

99,9

431

51,3

100

432

51,1

100

433

51,3

100

434

52,3

99,8

435

52,9

99,7

436

53,8

99,6

437

51,7

99,9

438

53,5

99,6

439

52

99,8

440

51,7

99,9

441

53,2

99,7

442

54,2

99,5

443

55,2

99,4

444

53,8

99,6

445

53,1

99,7

446

55

99,4

447

57

99,2

448

61,5

99

449

59,4

5,7

450

59

0

451

57,3

59,8

452

64,1

99

453

70,9

90,5

454

58

0

455

41,5

59,8

456

44,1

92,6

457

46,8

99,2

458

47,2

99,3

459

51

100

460

53,2

99,7

461

53,1

99,7

462

55,9

53,1

463

53,9

13,9

464

52,5

‘m‧

465

51,7

‘m‧

466

51,5

52,2

467

52,8

80

468

54,9

95

469

57,3

99,2

470

60,7

99,1

471

62,4

‘m‧

472

60,1

‘m‧

473

53,2

‘m‧

474

44

‘m‧

475

35,2

‘m‧

476

30,5

‘m‧

477

26,5

‘m‧

478

22,5

‘m‧

479

20,4

‘m‧

480

19,1

‘m‧

481

19,1

‘m‧

482

13,4

‘m‧

483

6,7

‘m‧

484

3,2

‘m‧

485

14,3

63,8

486

34,1

0

487

23,9

75,7

488

31,7

79,2

489

32,1

19,4

490

35,9

5,8

491

36,6

0,8

492

38,7

‘m‧

493

38,4

‘m‧

494

39,4

‘m‧

495

39,7

‘m‧

496

40,5

‘m‧

497

40,8

‘m‧

498

39,7

‘m‧

499

39,2

‘m‧

500

38,7

‘m‧

501

32,7

‘m‧

502

30,1

‘m‧

503

21,9

‘m‧

504

12,8

0

505

0

0

506

0

0

507

0

0

508

0

0

509

0

0

510

0

0

511

0

0

512

0

0

513

0

0

514

30,5

25,6

515

19,7

56,9

516

16,3

45,1

517

27,2

4,6

518

21,7

1,3

519

29,7

28,6

520

36,6

73,7

521

61,3

59,5

522

40,8

0

523

36,6

27,8

524

39,4

80,4

525

51,3

88,9

526

58,5

11,1

527

60,7

‘m‧

528

54,5

‘m‧

529

51,3

‘m‧

530

45,5

‘m‧

531

40,8

‘m‧

532

38,9

‘m‧

533

36,6

‘m‧

534

36,1

72,7

535

44,8

78,9

536

51,6

91,1

537

59,1

99,1

538

66

99,1

539

75,1

99,9

540

81

8

541

39,1

0

542

53,8

89,7

543

59,7

99,1

544

64,8

99

545

70,6

96,1

546

72,6

19,6

547

72

6,3

548

68,9

0,1

549

67,7

‘m‧

550

66,8

‘m‧

551

64,3

16,9

552

64,9

7

553

63,6

12,5

554

63

7,7

555

64,4

38,2

556

63

11,8

557

63,6

0

558

63,3

5

559

60,1

9,1

560

61

8,4

561

59,7

0,9

562

58,7

‘m‧

563

56

‘m‧

564

53,9

‘m‧

565

52,1

‘m‧

566

49,9

‘m‧

567

46,4

‘m‧

568

43,6

‘m‧

569

40,8

‘m‧

570

37,5

‘m‧

571

27,8

‘m‧

572

17,1

0,6

573

12,2

0,9

574

11,5

1,1

575

8,7

0,5

576

8

0,9

577

5,3

0,2

578

4

0

579

3,9

0

580

0

0

581

0

0

582

0

0

583

0

0

584

0

0

585

0

0

586

0

0

587

8,7

22,8

588

16,2

49,4

589

23,6

56

590

21,1

56,1

591

23,6

56

592

46,2

68,8

593

68,4

61,2

594

58,7

‘m‧

595

31,6

‘m‧

596

19,9

8,8

597

32,9

70,2

598

43

79

599

57,4

98,9

600

72,1

73,8

601

53

0

602

48,1

86

603

56,2

99

604

65,4

98,9

605

72,9

99,7

606

67,5

‘m‧

607

39

‘m‧

608

41,9

38,1

609

44,1

80,4

610

46,8

99,4

611

48,7

99,9

612

50,5

99,7

613

52,5

90,3

614

51

1,8

615

50

‘m‧

616

49,1

‘m‧

617

47

‘m‧

618

43,1

‘m‧

619

39,2

‘m‧

620

40,6

0,5

621

41,8

53,4

622

44,4

65,1

623

48,1

67,8

624

53,8

99,2

625

58,6

98,9

626

63,6

98,8

627

68,5

99,2

628

72,2

89,4

629

77,1

0

630

57,8

79,1

631

60,3

98,8

632

61,9

98,8

633

63,8

98,8

634

64,7

98,9

635

65,4

46,5

636

65,7

44,5

637

65,6

3,5

638

49,1

0

639

50,4

73,1

640

50,5

‘m‧

641

51

‘m‧

642

49,4

‘m‧

643

49,2

‘m‧

644

48,6

‘m‧

645

47,5

‘m‧

646

46,5

‘m‧

647

46

11,3

648

45,6

42,8

649

47,1

83

650

46,2

99,3

651

47,9

99,7

652

49,5

99,9

653

50,6

99,7

654

51

99,6

655

53

99,3

656

54,9

99,1

657

55,7

99

658

56

99

659

56,1

9,3

660

55,6

‘m‧

661

55,4

‘m‧

662

54,9

51,3

663

54,9

59,8

664

54

39,3

665

53,8

‘m‧

666

52

‘m‧

667

50,4

‘m‧

668

50,6

0

669

49,3

41,7

670

50

73,2

671

50,4

99,7

672

51,9

99,5

673

53,6

99,3

674

54,6

99,1

675

56

99

676

55,8

99

677

58,4

98,9

678

59,9

98,8

679

60,9

98,8

680

63

98,8

681

64,3

98,9

682

64,8

64

683

65,9

46,5

684

66,2

28,7

685

65,2

1,8

686

65

6,8

687

63,6

53,6

688

62,4

82,5

689

61,8

98,8

690

59,8

98,8

691

59,2

98,8

692

59,7

98,8

693

61,2

98,8

694

62,2

49,4

695

62,8

37,2

696

63,5

46,3

697

64,7

72,3

698

64,7

72,3

699

65,4

77,4

700

66,1

69,3

701

64,3

‘m‧

702

64,3

‘m‧

703

63

‘m‧

704

62,2

‘m‧

705

61,6

‘m‧

706

62,4

‘m‧

707

62,2

‘m‧

708

61

‘m‧

709

58,7

‘m‧

710

55,5

‘m‧

711

51,7

‘m‧

712

49,2

‘m‧

713

48,8

40,4

714

47,9

‘m‧

715

46,2

‘m‧

716

45,6

9,8

717

45,6

34,5

718

45,5

37,1

719

43,8

‘m‧

720

41,9

‘m‧

721

41,3

‘m‧

722

41,4

‘m‧

723

41,2

‘m‧

724

41,8

‘m‧

725

41,8

‘m‧

726

43,2

17,4

727

45

29

728

44,2

‘m‧

729

43,9

‘m‧

730

38

10,7

731

56,8

‘m‧

732

57,1

‘m‧

733

52

‘m‧

734

44,4

‘m‧

735

40,2

‘m‧

736

39,2

16,5

737

38,9

73,2

738

39,9

89,8

739

42,3

98,6

740

43,7

98,8

741

45,5

99,1

742

45,6

99,2

743

48,1

99,7

744

49

100

745

49,8

99,9

746

49,8

99,9

747

51,9

99,5

748

52,3

99,4

749

53,3

99,3

750

52,9

99,3

751

54,3

99,2

752

55,5

99,1

753

56,7

99

754

61,7

98,8

755

64,3

47,4

756

64,7

1,8

757

66,2

‘m‧

758

49,1

‘m‧

759

52,1

46

760

52,6

61

761

52,9

0

762

52,3

20,4

763

54,2

56,7

764

55,4

59,8

765

56,1

49,2

766

56,8

33,7

767

57,2

96

768

58,6

98,9

769

59,5

98,8

770

61,2

98,8

771

62,1

98,8

772

62,7

98,8

773

62,8

98,8

774

64

98,9

775

63,2

46,3

776

62,4

‘m‧

777

60,3

‘m‧

778

58,7

‘m‧

779

57,2

‘m‧

780

56,1

‘m‧

781

56

9,3

782

55,2

26,3

783

54,8

42,8

784

55,7

47,1

785

56,6

52,4

786

58

50,3

787

58,6

20,6

788

58,7

‘m‧

789

59,3

‘m‧

790

58,6

‘m‧

791

60,5

9,7

792

59,2

9,6

793

59,9

9,6

794

59,6

9,6

795

59,9

6,2

796

59,9

9,6

797

60,5

13,1

798

60,3

20,7

799

59,9

31

800

60,5

42

801

61,5

52,5

802

60,9

51,4

803

61,2

57,7

804

62,8

98,8

805

63,4

96,1

806

64,6

45,4

807

64,1

5

808

63

3,2

809

62,7

14,9

810

63,5

35,8

811

64,1

73,3

812

64,3

37,4

813

64,1

21

814

63,7

21

815

62,9

18

816

62,4

32,7

817

61,7

46,2

818

59,8

45,1

819

57,4

43,9

820

54,8

42,8

821

54,3

65,2

822

52,9

62,1

823

52,4

30,6

824

50,4

‘m‧

825

48,6

‘m‧

826

47,9

‘m‧

827

46,8

‘m‧

828

46,9

9,4

829

49,5

41,7

830

50,5

37,8

831

52,3

20,4

832

54,1

30,7

833

56,3

41,8

834

58,7

26,5

835

57,3

‘m‧

836

59

‘m‧

837

59,8

‘m‧

838

60,3

‘m‧

839

61,2

‘m‧

840

61,8

‘m‧

841

62,5

‘m‧

842

62,4

‘m‧

843

61,5

‘m‧

844

63,7

‘m‧

845

61,9

‘m‧

846

61,6

29,7

847

60,3

‘m‧

848

59,2

‘m‧

849

57,3

‘m‧

850

52,3

‘m‧

851

49,3

‘m‧

852

47,3

‘m‧

853

46,3

38,8

854

46,8

35,1

855

46,6

‘m‧

856

44,3

‘m‧

857

43,1

‘m‧

858

42,4

2,1

859

41,8

2,4

860

43,8

68,8

861

44,6

89,2

862

46

99,2

863

46,9

99,4

864

47,9

99,7

865

50,2

99,8

866

51,2

99,6

867

52,3

99,4

868

53

99,3

869

54,2

99,2

870

55,5

99,1

871

56,7

99

872

57,3

98,9

873

58

98,9

874

60,5

31,1

875

60,2

‘m‧

876

60,3

‘m‧

877

60,5

6,3

878

61,4

19,3

879

60,3

1,2

880

60,5

2,9

881

61,2

34,1

882

61,6

13,2

883

61,5

16,4

884

61,2

16,4

885

61,3

‘m‧

886

63,1

‘m‧

887

63,2

4,8

888

62,3

22,3

889

62

38,5

890

61,6

29,6

891

61,6

26,6

892

61,8

28,1

893

62

29,6

894

62

16,3

895

61,1

‘m‧

896

61,2

‘m‧

897

60,7

19,2

898

60,7

32,5

899

60,9

17,8

900

60,1

19,2

901

59,3

38,2

902

59,9

45

903

59,4

32,4

904

59,2

23,5

905

59,5

40,8

906

58,3

‘m‧

907

58,2

‘m‧

908

57,6

‘m‧

909

57,1

‘m‧

910

57

0,6

911

57

26,3

912

56,5

29,2

913

56,3

20,5

914

56,1

‘m‧

915

55,2

‘m‧

916

54,7

17,5

917

55,2

29,2

918

55,2

29,2

919

55,9

16

920

55,9

26,3

921

56,1

36,5

922

55,8

19

923

55,9

9,2

924

55,8

21,9

925

56,4

42,8

926

56,4

38

927

56,4

11

928

56,4

35,1

929

54

7,3

930

53,4

5,4

931

52,3

27,6

932

52,1

32

933

52,3

33,4

934

52,2

34,9

935

52,8

60,1

936

53,7

69,7

937

54

70,7

938

55,1

71,7

939

55,2

46

940

54,7

12,6

941

52,5

0

942

51,8

24,7

943

51,4

43,9

944

50,9

71,1

945

51,2

76,8

946

50,3

87,5

947

50,2

99,8

948

50,9

100

949

49,9

99,7

950

50,9

100

951

49,8

99,7

952

50,4

99,8

953

50,4

99,8

954

49,7

99,7

955

51

100

956

50,3

99,8

957

50,2

99,8

958

49,9

99,7

959

50,9

100

960

50

99,7

961

50,2

99,8

962

50,2

99,8

963

49,9

99,7

964

50,4

99,8

965

50,2

99,8

966

50,3

99,8

967

49,9

99,7

968

51,1

100

969

50,6

99,9

970

49,9

99,7

971

49,6

99,6

972

49,4

99,6

973

49

99,5

974

49,8

99,7

975

50,9

100

976

50,4

99,8

977

49,8

99,7

978

49,1

99,5

979

50,4

99,8

980

49,8

99,7

981

49,3

99,5

982

49,1

99,5

983

49,9

99,7

984

49,1

99,5

985

50,4

99,8

986

50,9

100

987

51,4

99,9

988

51,5

99,9

989

52,2

99,7

990

52,8

74,1

991

53,3

46

992

53,6

36,4

993

53,4

33,5

994

53,9

58,9

995

55,2

73,8

996

55,8

52,4

997

55,7

9,2

998

55,8

2,2

999

56,4

33,6

1000

55,4

‘m‧

1001

55,2

‘m‧

1002

55,8

26,3

1003

55,8

23,3

1004

56,4

50,2

1005

57,6

68,3

1006

58,8

90,2

1007

59,9

98,9

1008

62,3

98,8

1009

63,1

74,4

1010

63,7

49,4

1011

63,3

9,8

1012

48

0

1013

47,9

73,5

1014

49,9

99,7

1015

49,9

48,8

1016

49,6

2,3

1017

49,9

‘m‧

1018

49,3

‘m‧

1019

49,7

47,5

1020

49,1

‘m‧

1021

49,4

‘m‧

1022

48,3

‘m‧

1023

49,4

‘m‧

1024

48,5

‘m‧

1025

48,7

‘m‧

1026

48,7

‘m‧

1027

49,1

‘m‧

1028

49

‘m‧

1029

49,8

‘m‧

1030

48,7

‘m‧

1031

48,5

‘m‧

1032

49,3

31,3

1033

49,7

45,3

1034

48,3

44,5

1035

49,8

61

1036

49,4

64,3

1037

49,8

64,4

1038

50,5

65,6

1039

50,3

64,5

1040

51,2

82,9

1041

50,5

86

1042

50,6

89

1043

50,4

81,4

1044

49,9

49,9

1045

49,1

20,1

1046

47,9

24

1047

48,1

36,2

1048

47,5

34,5

1049

46,9

30,3

1050

47,7

53,5

1051

46,9

61,6

1052

46,5

73,6

1053

48

84,6

1054

47,2

87,7

1055

48,7

80

1056

48,7

50,4

1057

47,8

38,6

1058

48,8

63,1

1059

47,4

5

1060

47,3

47,4

1061

47,3

49,8

1062

46,9

23,9

1063

46,7

44,6

1064

46,8

65,2

1065

46,9

60,4

1066

46,7

61,5

1067

45,5

‘m‧

1068

45,5

‘m‧

1069

44,2

‘m‧

1070

43

‘m‧

1071

42,5

‘m‧

1072

41

‘m‧

1073

39,9

‘m‧

1074

39,9

38,2

1075

40,1

48,1

1076

39,9

48

1077

39,4

59,3

1078

43,8

19,8

1079

52,9

0

1080

52,8

88,9

1081

53,4

99,5

1082

54,7

99,3

1083

56,3

99,1

1084

57,5

99

1085

59

98,9

1086

59,8

98,9

1087

60,1

98,9

1088

61,8

48,3

1089

61,8

55,6

1090

61,7

59,8

1091

62

55,6

1092

62,3

29,6

1093

62

19,3

1094

61,3

7,9

1095

61,1

19,2

1096

61,2

43

1097

61,1

59,7

1098

61,1

98,8

1099

61,3

98,8

1100

61,3

26,6

1101

60,4

‘m‧

1102

58,8

‘m‧

1103

57,7

‘m‧

1104

56

‘m‧

1105

54,7

‘m‧

1106

53,3

‘m‧

1107

52,6

23,2

1108

53,4

84,2

1109

53,9

99,4

1110

54,9

99,3

1111

55,8

99,2

1112

57,1

99

1113

56,5

99,1

1114

58,9

98,9

1115

58,7

98,9

1116

59,8

98,9

1117

61

98,8

1118

60,7

19,2

1119

59,4

‘m‧

1120

57,9

‘m‧

1121

57,6

‘m‧

1122

56,3

‘m‧

1123

55

‘m‧

1124

53,7

‘m‧

1125

52,1

‘m‧

1126

51,1

‘m‧

1127

49,7

25,8

1128

49,1

46,1

1129

48,7

46,9

1130

48,2

46,7

1131

48

70

1132

48

70

1133

47,2

67,6

1134

47,3

67,6

1135

46,6

74,7

1136

47,4

13

1137

46,3

‘m‧

1138

45,4

‘m‧

1139

45,5

24,8

1140

44,8

73,8

1141

46,6

99

1142

46,3

98,9

1143

48,5

99,4

1144

49,9

99,7

1145

49,1

99,5

1146

49,1

99,5

1147

51

100

1148

51,5

99,9

1149

50,9

100

1150

51,6

99,9

1151

52,1

99,7

1152

50,9

100

1153

52,2

99,7

1154

51,5

98,3

1155

51,5

47,2

1156

50,8

78,4

1157

50,3

83

1158

50,3

31,7

1159

49,3

31,3

1160

48,8

21,5

1161

47,8

59,4

1162

48,1

77,1

1163

48,4

87,6

1164

49,6

87,5

1165

51

81,4

1166

51,6

66,7

1167

53,3

63,2

1168

55,2

62

1169

55,7

43,9

1170

56,4

30,7

1171

56,8

23,4

1172

57

‘m‧

1173

57,6

‘m‧

1174

56,9

‘m‧

1175

56,4

4

1176

57

23,4

1177

56,4

41,7

1178

57

49,2

1179

57,7

56,6

1180

58,6

56,6

1181

58,9

64

1182

59,4

68,2

1183

58,8

71,4

1184

60,1

71,3

1185

60,6

79,1

1186

60,7

83,3

1187

60,7

77,1

1188

60

73,5

1189

60,2

55,5

1190

59,7

54,4

1191

59,8

73,3

1192

59,8

77,9

1193

59,8

73,9

1194

60

76,5

1195

59,5

82,3

1196

59,9

82,8

1197

59,8

65,8

1198

59

48,6

1199

58,9

62,2

1200

59,1

70,4

1201

58,9

62,1

1202

58,4

67,4

1203

58,7

58,9

1204

58,3

57,7

1205

57,5

57,8

1206

57,2

57,6

1207

57,1

42,6

1208

57

70,1

1209

56,4

59,6

1210

56,7

39

1211

55,9

68,1

1212

56,3

79,1

1213

56,7

89,7

1214

56

89,4

1215

56

93,1

1216

56,4

93,1

1217

56,7

94,4

1218

56,9

94,8

1219

57

94,1

1220

57,7

94,3

1221

57,5

93,7

1222

58,4

93,2

1223

58,7

93,2

1224

58,2

93,7

1225

58,5

93,1

1226

58,8

86,2

1227

59

72,9

1228

58,2

59,9

1229

57,6

8,5

1230

57,1

47,6

1231

57,2

74,4

1232

57

79,1

1233

56,7

67,2

1234

56,8

69,1

1235

56,9

71,3

1236

57

77,3

1237

57,4

78,2

1238

57,3

70,6

1239

57,7

64

1240

57,5

55,6

1241

58,6

49,6

1242

58,2

41,1

1243

58,8

40,6

1244

58,3

21,1

1245

58,7

24,9

1246

59,1

24,8

1247

58,6

‘m‧

1248

58,8

‘m‧

1249

58,8

‘m‧

1250

58,7

‘m‧

1251

59,1

‘m‧

1252

59,1

‘m‧

1253

59,4

‘m‧

1254

60,6

2,6

1255

59,6

‘m‧

1256

60,1

‘m‧

1257

60,6

‘m‧

1258

59,6

4,1

1259

60,7

7,1

1260

60,5

‘m‧

1261

59,7

‘m‧

1262

59,6

‘m‧

1263

59,8

‘m‧

1264

59,6

4,9

1265

60,1

5,9

1266

59,9

6,1

1267

59,7

‘m‧

1268

59,6

‘m‧

1269

59,7

22

1270

59,8

10,3

1271

59,9

10

1272

60,6

6,2

1273

60,5

7,3

1274

60,2

14,8

1275

60,6

8,2

1276

60,6

5,5

1277

61

14,3

1278

61

12

1279

61,3

34,2

1280

61,2

17,1

1281

61,5

15,7

1282

61

9,5

1283

61,1

9,2

1284

60,5

4,3

1285

60,2

7,8

1286

60,2

5,9

1287

60,2

5,3

1288

59,9

4,6

1289

59,4

21,5

1290

59,6

15,8

1291

59,3

10,1

1292

58,9

9,4

1293

58,8

9

1294

58,9

35,4

1295

58,9

30,7

1296

58,9

25,9

1297

58,7

22,9

1298

58,7

24,4

1299

59,3

61

1300

60,1

56

1301

60,5

50,6

1302

59,5

16,2

1303

59,7

50

1304

59,7

31,4

1305

60,1

43,1

1306

60,8

38,4

1307

60,9

40,2

1308

61,3

49,7

1309

61,8

45,9

1310

62

45,9

1311

62,2

45,8

1312

62,6

46,8

1313

62,7

44,3

1314

62,9

44,4

1315

63,1

43,7

1316

63,5

46,1

1317

63,6

40,7

1318

64,3

49,5

1319

63,7

27

1320

63,8

15

1321

63,6

18,7

1322

63,4

8,4

1323

63,2

8,7

1324

63,3

21,6

1325

62,9

19,7

1326

63

22,1

1327

63,1

20,3

1328

61,8

19,1

1329

61,6

17,1

1330

61

0

1331

61,2

22

1332

60,8

40,3

1333

61,1

34,3

1334

60,7

16,1

1335

60,6

16,6

1336

60,5

18,5

1337

60,6

29,8

1338

60,9

19,5

1339

60,9

22,3

1340

61,4

35,8

1341

61,3

42,9

1342

61,5

31

1343

61,3

19,2

1344

61

9,3

1345

60,8

44,2

1346

60,9

55,3

1347

61,2

56

1348

60,9

60,1

1349

60,7

59,1

1350

60,9

56,8

1351

60,7

58,1

1352

59,6

78,4

1353

59,6

84,6

1354

59,4

66,6

1355

59,3

75,5

1356

58,9

49,6

1357

59,1

75,8

1358

59

77,6

1359

59

67,8

1360

59

56,7

1361

58,8

54,2

1362

58,9

59,6

1363

58,9

60,8

1364

59,3

56,1

1365

58,9

48,5

1366

59,3

42,9

1367

59,4

41,4

1368

59,6

38,9

1369

59,4

32,9

1370

59,3

30,6

1371

59,4

30

1372

59,4

25,3

1373

58,8

18,6

1374

59,1

18

1375

58,5

10,6

1376

58,8

10,5

1377

58,5

8,2

1378

58,7

13,7

1379

59,1

7,8

1380

59,1

6

1381

59,1

6

1382

59,4

13,1

1383

59,7

22,3

1384

60,7

10,5

1385

59,8

9,8

1386

60,2

8,8

1387

59,9

8,7

1388

61

9,1

1389

60,6

28,2

1390

60,6

22

1391

59,6

23,2

1392

59,6

19

1393

60,6

38,4

1394

59,8

41,6

1395

60

47,3

1396

60,5

55,4

1397

60,9

58,7

1398

61,3

37,9

1399

61,2

38,3

1400

61,4

58,7

1401

61,3

51,3

1402

61,4

71,1

1403

61,1

51

1404

61,5

56,6

1405

61

60,6

1406

61,1

75,4

1407

61,4

69,4

1408

61,6

69,9

1409

61,7

59,6

1410

61,8

54,8

1411

61,6

53,6

1412

61,3

53,5

1413

61,3

52,9

1414

61,2

54,1

1415

61,3

53,2

1416

61,2

52,2

1417

61,2

52,3

1418

61

48

1419

60,9

41,5

1420

61

32,2

1421

60,7

22

1422

60,7

23,3

1423

60,8

38,8

1424

61

40,7

1425

61

30,6

1426

61,3

62,6

1427

61,7

55,9

1428

62,3

43,4

1429

62,3

37,4

1430

62,3

35,7

1431

62,8

34,4

1432

62,8

31,5

1433

62,9

31,7

1434

62,9

29,9

1435

62,8

29,4

1436

62,7

28,7

1437

61,5

14,7

1438

61,9

17,2

1439

61,5

6,1

1440

61

9,9

1441

60,9

4,8

1442

60,6

11,1

1443

60,3

6,9

1444

60,8

7

1445

60,2

9,2

1446

60,5

21,7

1447

60,2

22,4

1448

60,7

31,6

1449

60,9

28,9

1450

59,6

21,7

1451

60,2

18

1452

59,5

16,7

1453

59,8

15,7

1454

59,6

15,7

1455

59,3

15,7

1456

59

7,5

1457

58,8

7,1

1458

58,7

16,5

1459

59,2

50,7

1460

59,7

60,2

1461

60,4

44

1462

60,2

35,3

1463

60,4

17,1

1464

59,9

13,5

1465

59,9

12,8

1466

59,6

14,8

1467

59,4

15,9

1468

59,4

22

1469

60,4

38,4

1470

59,5

38,8

1471

59,3

31,9

1472

60,9

40,8

1473

60,7

39

1474

60,9

30,1

1475

61

29,3

1476

60,6

28,4

1477

60,9

36,3

1478

60,8

30,5

1479

60,7

26,7

1480

60,1

4,7

1481

59,9

0

1482

60,4

36,2

1483

60,7

32,5

1484

59,9

3,1

1485

59,7

‘m‧

1486

59,5

‘m‧

1487

59,2

‘m‧

1488

58,8

0,6

1489

58,7

‘m‧

1490

58,7

‘m‧

1491

57,9

‘m‧

1492

58,2

‘m‧

1493

57,6

‘m‧

1494

58,3

9,5

1495

57,2

6

1496

57,4

27,3

1497

58,3

59,9

1498

58,3

7,3

1499

58,8

21,7

1500

58,8

38,9

1501

59,4

26,2

1502

59,1

25,5

1503

59,1

26

1504

59

39,1

1505

59,5

52,3

1506

59,4

31

1507

59,4

27

1508

59,4

29,8

1509

59,4

23,1

1510

58,9

16

1511

59

31,5

1512

58,8

25,9

1513

58,9

40,2

1514

58,8

28,4

1515

58,9

38,9

1516

59,1

35,3

1517

58,8

30,3

1518

59

19

1519

58,7

3

1520

57,9

0

1521

58

2,4

1522

57,1

‘m‧

1523

56,7

‘m‧

1524

56,7

5,3

1525

56,6

2,1

1526

56,8

‘m‧

1527

56,3

‘m‧

1528

56,3

‘m‧

1529

56

‘m‧

1530

56,7

‘m‧

1531

56,6

3,8

1532

56,9

‘m‧

1533

56,9

‘m‧

1534

57,4

‘m‧

1535

57,4

‘m‧

1536

58,3

13,9

1537

58,5

‘m‧

1538

59,1

‘m‧

1539

59,4

‘m‧

1540

59,6

‘m‧

1541

59,5

‘m‧

1542

59,6

0,5

1543

59,3

9,2

1544

59,4

11,2

1545

59,1

26,8

1546

59

11,7

1547

58,8

6,4

1548

58,7

5

1549

57,5

‘m‧

1550

57,4

‘m‧

1551

57,1

1,1

1552

57,1

0

1553

57

4,5

1554

57,1

3,7

1555

57,3

3,3

1556

57,3

16,8

1557

58,2

29,3

1558

58,7

12,5

1559

58,3

12,2

1560

58,6

12,7

1561

59

13,6

1562

59,8

21,9

1563

59,3

20,9

1564

59,7

19,2

1565

60,1

15,9

1566

60,7

16,7

1567

60,7

18,1

1568

60,7

40,6

1569

60,7

59,7

1570

61,1

66,8

1571

61,1

58,8

1572

60,8

64,7

1573

60,1

63,6

1574

60,7

83,2

1575

60,4

82,2

1576

60

80,5

1577

59,9

78,7

1578

60,8

67,9

1579

60,4

57,7

1580

60,2

60,6

1581

59,6

72,7

1582

59,9

73,6

1583

59,8

74,1

1584

59,6

84,6

1585

59,4

76,1

1586

60,1

76,9

1587

59,5

84,6

1588

59,8

77,5

1589

60,6

67,9

1590

59,3

47,3

1591

59,3

43,1

1592

59,4

38,3

1593

58,7

38,2

1594

58,8

39,2

1595

59,1

67,9

1596

59,7

60,5

1597

59,5

32,9

1598

59,6

20

1599

59,6

34,4

1600

59,4

23,9

1601

59,6

15,7

1602

59,9

41

1603

60,5

26,3

1604

59,6

14

1605

59,7

21,2

1606

60,9

19,6

1607

60,1

34,3

1608

59,9

27

1609

60,8

25,6

1610

60,6

26,3

1611

60,9

26,1

1612

61,1

38

1613

61,2

31,6

1614

61,4

30,6

1615

61,7

29,6

1616

61,5

28,8

1617

61,7

27,8

1618

62,2

20,3

1619

61,4

19,6

1620

61,8

19,7

1621

61,8

18,7

1622

61,6

17,7

1623

61,7

8,7

1624

61,7

1,4

1625

61,7

5,9

1626

61,2

8,1

1627

61,9

45,8

1628

61,4

31,5

1629

61,7

22,3

1630

62,4

21,7

1631

62,8

21,9

1632

62,2

22,2

1633

62,5

31

1634

62,3

31,3

1635

62,6

31,7

1636

62,3

22,8

1637

62,7

12,6

1638

62,2

15,2

1639

61,9

32,6

1640

62,5

23,1

1641

61,7

19,4

1642

61,7

10,8

1643

61,6

10,2

1644

61,4

‘m‧

1645

60,8

‘m‧

1646

60,7

‘m‧

1647

61

12,4

1648

60,4

5,3

1649

61

13,1

1650

60,7

29,6

1651

60,5

28,9

1652

60,8

27,1

1653

61,2

27,3

1654

60,9

20,6

1655

61,1

13,9

1656

60,7

13,4

1657

61,3

26,1

1658

60,9

23,7

1659

61,4

32,1

1660

61,7

33,5

1661

61,8

34,1

1662

61,7

17

1663

61,7

2,5

1664

61,5

5,9

1665

61,3

14,9

1666

61,5

17,2

1667

61,1

‘m‧

1668

61,4

‘m‧

1669

61,4

8,8

1670

61,3

8,8

1671

61

18

1672

61,5

13

1673

61

3,7

1674

60,9

3,1

1675

60,9

4,7

1676

60,6

4,1

1677

60,6

6,7

1678

60,6

12,8

1679

60,7

11,9

1680

60,6

12,4

1681

60,1

12,4

1682

60,5

12

1683

60,4

11,8

1684

59,9

12,4

1685

59,6

12,4

1686

59,6

9,1

1687

59,9

0

1688

59,9

20,4

1689

59,8

4,4

1690

59,4

3,1

1691

59,5

26,3

1692

59,6

20,1

1693

59,4

35

1694

60,9

22,1

1695

60,5

12,2

1696

60,1

11

1697

60,1

8,2

1698

60,5

6,7

1699

60

5,1

1700

60

5,1

1701

60

9

1702

60,1

5,7

1703

59,9

8,5

1704

59,4

6

1705

59,5

5,5

1706

59,5

14,2

1707

59,5

6,2

1708

59,4

10,3

1709

59,6

13,8

1710

59,5

13,9

1711

60,1

18,9

1712

59,4

13,1

1713

59,8

5,4

1714

59,9

2,9

1715

60,1

7,1

1716

59,6

12

1717

59,6

4,9

1718

59,4

22,7

1719

59,6

22

1720

60,1

17,4

1721

60,2

16,6

1722

59,4

28,6

1723

60,3

22,4

1724

59,9

20

1725

60,2

18,6

1726

60,3

11,9

1727

60,4

11,6

1728

60,6

10,6

1729

60,8

16

1730

60,9

17

1731

60,9

16,1

1732

60,7

11,4

1733

60,9

11,3

1734

61,1

11,2

1735

61,1

25,6

1736

61

14,6

1737

61

10,4

1738

60,6

‘m‧

1739

60,9

‘m‧

1740

60,8

4,8

1741

59,9

‘m‧

1742

59,8

‘m‧

1743

59,1

‘m‧

1744

58,8

‘m‧

1745

58,8

‘m‧

1746

58,2

‘m‧

1747

58,5

14,3

1748

57,5

4,4

1749

57,9

0

1750

57,8

20,9

1751

58,3

9,2

1752

57,8

8,2

1753

57,5

15,3

1754

58,4

38

1755

58,1

15,4

1756

58,8

11,8

1757

58,3

8,1

1758

58,3

5,5

1759

59

4,1

1760

58,2

4,9

1761

57,9

10,1

1762

58,5

7,5

1763

57,4

7

1764

58,2

6,7

1765

58,2

6,6

1766

57,3

17,3

1767

58

11,4

1768

57,5

47,4

1769

57,4

28,8

1770

58,8

24,3

1771

57,7

25,5

1772

58,4

35,5

1773

58,4

29,3

1774

59

33,8

1775

59

18,7

1776

58,8

9,8

1777

58,8

23,9

1778

59,1

48,2

1779

59,4

37,2

1780

59,6

29,1

1781

50

25

1782

40

20

1783

30

15

1784

20

10

1785

10

5

1786

0

0

1787

0

0

1788

0

0

1789

0

0

1790

0

0

1791

0

0

1792

0

0

1793

0

0

1794

0

0

1795

0

0

1796

0

0

1797

0

0

1798

0

0

1799

0

0

1800

0

0

‘m‧ = motoring

A graphical display of the ETC dynamometer schedule is shown in Figure 5.

Figure 5

ETC dynamometer schedule

Image

Appendix 4

MEASUREMENT AND SAMPLING PROCEDURES

1.   INTRODUCTION

Gaseous components, particulates, and smoke emitted by the engine submitted for testing shall be measured by the methods described in Annex V. The respective sections of Annex V describe the recommended analytical systems for the gaseous emissions (section 1), the recommended particulate dilution and sampling systems (section 2), and the recommended opacimeters for smoke measurement (section 3).

For the ESC, the gaseous components shall be determined in the raw exhaust gas. Optionally, they may be determined in the diluted exhaust gas, if a full flow dilution system is used for particulate determination. Particulates shall be determined with either a partial flow or a full flow dilution system.

For the ETC, only a full flow dilution system shall be used for determining gaseous and particulate emissions, and is considered the reference system. However, partial flow dilution systems may be approved by the Technical Service, if their equivalency according to section 6.2 to Annex I is proven, and if a detailed description of the data evaluation and calculation procedures is submitted to the Technical Service.

2.   DYNAMOMETER AND TEST CELL EQUIPMENT

The following equipment shall be used for emission tests of engines on engine dynamometers.

2.1.   Engine dynamometer

An engine dynamometer shall be used with adequate characteristics to perform the test cycles described in Appendices 1 and 2 to this Annex. The speed measuring system shall have an accuracy of ± 2 % of reading. The torque measuring system shall have an accuracy of ± 3 % of reading in the range > 20 % of full scale, and an accuracy of ± 0,6 % of full scale in the range ≤ 20 % of full scale.

2.2.   Other instruments

Measuring instruments for fuel consumption, air consumption, temperature of coolant and lubricant, exhaust gas pressure and intake manifold depression, exhaust gas temperature, air intake temperature, atmospheric pressure, humidity and fuel temperature shall be used, as required. These instruments shall satisfy the requirements given in table 8:

Table 8

Accuracy of Measuring Instruments

| Measuring Instrument | Accuracy |
| --- | --- |
| Fuel Consumption, Air Consumption | ± 2 % of Engine's Maximum Value |
| Temperatures ≤ 600 K (327 °C) | ± 2 K Absolute |
| Temperatures > 600 K (327 °C) | ± 1 % of Reading |
| Atmospheric Pressure | ± 0,1 kPa Absolute |
| Exhaust Gas Pressure | ± 0,2 kPa Absolute |
| Intake Depression | ± 0,05 kPa Absolute |
| Other Pressures | ± 0,1 kPa Absolute |
| Relative Humidity | ± 3 % Absolute |
| Absolute Humidity | ± 5 % of Reading |

Measuring Instrument

Accuracy

Fuel Consumption, Air Consumption

± 2 % of Engine's Maximum Value

Temperatures ≤ 600 K (327 °C)

± 2 K Absolute

Temperatures > 600 K (327 °C)

± 1 % of Reading

Atmospheric Pressure

± 0,1 kPa Absolute

Exhaust Gas Pressure

± 0,2 kPa Absolute

Intake Depression

± 0,05 kPa Absolute

Other Pressures

± 0,1 kPa Absolute

Relative Humidity

± 3 % Absolute

Absolute Humidity

± 5 % of Reading

2.3.   Exhaust Gas Flow

For calculation of the emissions in the raw exhaust, it is necessary to know the exhaust gas flow (see section 4.4 of Appendix 1). For the determination of the exhaust flow either of the following methods may be used:

| (a) | Direct measurement of the exhaust flow by flow nozzle or equivalent metering system; |
| --- | --- |

(a)

Direct measurement of the exhaust flow by flow nozzle or equivalent metering system;

| (b) | Measurement of the air flow and the fuel flow by suitable metering systems and calculation of the exhaust flow by the following equation:
  GEXHW = GAIRW + GFUEL(for wet exhaust mass) |
| --- | --- |

(b)

Measurement of the air flow and the fuel flow by suitable metering systems and calculation of the exhaust flow by the following equation:

GEXHW = GAIRW + GFUEL(for wet exhaust mass)

The accuracy of exhaust flow determination shall be ± 2,5 % of reading or better.

2.4.   Diluted exhaust gas flow

For calculation of the emissions in the diluted exhaust using a full flow dilution system (mandatory for the ETC), it is necessary to know the diluted exhaust gas flow (see section 4.3 of Appendix 2). The total mass flow rate of the diluted exhaust (GTOTW) or the total mass of the diluted exhaust gas over the cycle (MTOTW) shall be measured with a PDP or CFV (Annex V, section 2.3.1). The accuracy shall be ± 2 % of reading or better, and shall be determined according to the provisions of Annex III, Appendix 5, section 2.4.

3.   DETERMINATION OF THE GASEOUS COMPONENTS

3.1.   General analyser specifications

The analysers shall have a measuring range appropriate for the accuracy required to measure the concentrations of the exhaust gas components (section 3.1.1). It is recommended that the analysers be operated such that the measured concentration falls between 15 % and 100 % of full scale.

If read-out systems (computers, data loggers) can provide sufficient accuracy and resolution below 15 % of full scale, measurements below 15 % of full scale are also acceptable. In this case, additional calibrations of at least 4 non-zero nominally equally spaced points are to be made to ensure the accuracy of the calibration curves according to Annex III, Appendix 5, section 1.5.5.2.

The electromagnetic compatibility (EMC) of the equipment shall be on a level as to minimise additional errors.

3.1.1.   Measurement Error

The total measurement error, including the cross sensitivity to other gases (see Annex III, Appendix 5, section 1.9), shall not exceed ± 5 % of the reading or ± 3,5 % of full scale, whichever is smaller. For concentrations of less than 100 ppm the measurement error shall not exceed ± 4 ppm.

3.1.2.   Repeatability

The repeatability, defined as 2,5 times the standard deviation of 10 repetitive responses to a given calibration or span gas, has to be not greater than ± 1 % of full scale concentration for each range used above 155 ppm (or ppmC) or ± 2 % of each range used below 155 ppm (or ppmC).

3.1.3.   Noise

The analyser peak-to-peak response to zero and calibration or span gases over any 10 second period shall not exceed 2 % of full scale on all ranges used.

3.1.4.   Zero Drift

The zero drift during a one hour period shall be less than 2 % of full scale on the lowest range used. The zero response is defined as the mean response, including noise, to a zero gas during a 30 seconds time interval.

3.1.5   Span Drift

The span drift during a one hour period shall be less than 2 % of full scale on the lowest range used. Span is defined as the difference between the span response and the zero response. The span response is defined as the mean response, including noise, to a span gas during a 30 seconds time interval.

3.2.   Gas Drying

The optional gas drying device must have a minimal effect on the concentration of the measured gases. Chemical dryers are not an acceptable method of removing water from the sample.

3.3.   Analysers

Sections 3.3.1 to 3.3.4 describe the measurement principles to be used. A detailed description of the measurement systems is given in Annex V. The gases to be measured shall be analysed with the following instruments. For non-linear analysers, the use of linearising circuits is permitted.

3.3.1   Carbon Monoxide (CO) Analysis

The carbon monoxide analyser shall be of the Non-Dispersive InfraRed (NDIR) absorption type.

3.3.2.   Carbon Dioxide (CO2) Analysis

The carbon dioxide analyser shall be of the Non-Dispersive InfraRed (NDIR) absorption type.

3.3.3.   Hydrocarbon (HC) analysis

For diesel and LPG fuelled gas engines, the hydrocarbon analyser shall be of the Heated Flame Ionisation Detector (HFID) type with detector, valves, pipework, etc. heated so as to maintain a gas temperature of 463 K ± 10 K (190 ± 10 °C). For NG fuelled gas engines, the hydrocarbon analyser may be of the non heated Flame Ionisation Detector (FID) type depending upon the method used (see Annex V, section 1.3).

3.3.4.   Non-Methane Hydrocarbon (NMHC) Analysis (NG Fuelled Gas Engines Only)

Non-methane hydrocarbons shall be determined by either of the following methods:

3.3.4.1.   Gas Chromatographic (GC) Method

Non-methane hydrocarbons shall be determined by subtraction of the methane analysed with a Gas Chromatograph (GC) conditioned at 423 K (150 °C) from the hydrocarbons measured according to section 3.3.3.

3.3.4.2.   Non-Methane Cutter (NMC) Method

The determination of the non-methane fraction shall be performed with a heated NMC operated in line with an FID as per section 3.3.3 by subtraction of the methane from the hydrocarbons.

3.3.5.   Oxides of Nitrogen (NOx) Analysis

The oxides of nitrogen analyser shall be of the ChemiLuminescent Detector (CLD) or Heated ChemiLuminescent Detector (HCLD) type with a NO2/NO converter, if measured on a dry basis. If measured on a wet basis, a HCLD with converter maintained above 328 K (55 °C) shall be used, provided the water quench check (see Annex III, Appendix 5, section 1.9.2.2) is satisfied.

3.4.   Sampling of Gaseous Emissions

3.4.1.   Raw Exhaust Gas (ESC only)

The gaseous emissions sampling probes must be fitted at least 0,5 m or 3 times the diameter of the exhaust pipe whichever is the larger-upstream of the exit of the exhaust gas system as far as applicable and sufficiently close to the engine as to ensure an exhaust gas temperature of at least 343 K (70 °C) at the probe.

In the case of a multi-cylinder engine with a branched exhaust manifold, the inlet of the probe shall be located sufficiently far downstream so as to ensure that the sample is representative of the average exhaust emissions from all cylinders. In multi-cylinder engines having distinct groups of manifolds, such as in a ‘Vee‧ engine configuration, it is permissible to acquire a sample from each group individually and calculate an average exhaust emission. Other methods which have been shown to correlate with the above methods may be used. For exhaust emission calculation the total exhaust mass flow must be used.

If the engine is equipped with an exhaust aftertreatment system, the exhaust sample shall be taken downstream of the exhaust aftertreatment system.

3.4.2.   Diluted Exhaust Gas (mandatory for ETC, optional for ESC)

The exhaust pipe between the engine and the full flow dilution system shall conform to the requirements of Annex V, section 2.3.1, EP.

The gaseous emissions sample probe(s) shall be installed in the dilution tunnel at a point where the dilution air and exhaust gas are well mixed, and in close proximity to the particulates sampling probe.

For the ETC, sampling can generally be done in two ways:

| — | the pollutants are sampled into a sampling bag over the cycle and measured after completion of the test; |
| --- | --- |

—

the pollutants are sampled into a sampling bag over the cycle and measured after completion of the test;

| — | the pollutants are sampled continuously and integrated over the cycle; this method is mandatory for HC and NOx. |
| --- | --- |

—

the pollutants are sampled continuously and integrated over the cycle; this method is mandatory for HC and NOx.

4.   DETERMINATION OF THE PARTICULATES

The determination of the particulates requires a dilution system. Dilution may be accomplished by a partial flow dilution system (ESC only) or a full flow dilution system (mandatory for ETC). The flow capacity of the dilution system shall be large enough to completely eliminate water condensation in the dilution and sampling systems, and maintain the temperature of the diluted exhaust gas at or below 325 K (52 °C) immediately upstream of the filter holders. Dehumidifying the dilution air before entering the dilution system is permitted, and especially useful if dilution air humidity is high. The temperature of the dilution air shall be 298 K ± 5 K (25 °C ± 5 °C). If the ambient temperature is below 293 K (20 °C), dilution air pre-heating above the upper temperature limit of 303 K (30 °C) is recommended. However, the dilution air temperature must not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel.

The partial flow dilution system has to be designed to split the exhaust stream into two fractions, the smaller one being diluted with air and subsequently used for particulate measurement. For this it is essential that the dilution ratio be determined very accurately. Different splitting methods can be applied, whereby the type of splitting used dictates to a significant degree the sampling hardware and procedures to be used (Annex V, section 2.2). The particulate sampling probe shall be installed in close proximity to the gaseous emissions sampling probe, and the installation shall comply with the provisions of section 3.4.1.

To determine the mass of the particulates, a particulate sampling system, particulate sampling filters, a microgram balance, and a temperature and humidity controlled weighing chamber, are required.

For particulate sampling, the single filter method shall be applied which uses one pair of filters (see section 4.1.3) for the whole test cycle. For the ESC, considerable attention must be paid to sampling times and flows during the sampling phase of the test.

4.1.   Particulate Sampling Filters

4.1.1.   Filter Specification

Fluorocarbon coated glass fibre filters or fluorocarbon based membrane filters are required. All filter types shall have a 0,3μm DOP (di-octylphthalate) collection efficiency of at least 95 % at a gas face velocity between 35 and 80 cm/s.

4.1.2.   Filter Size

Particulate filters must have a minimum diameter of 47 mm (37 mm stain diameter). Larger diameter filters are acceptable (section 4.1.5).

4.1.3.   Primary and Back-up Filters

The diluted exhaust shall be sampled by a pair of filters placed in series (one primary and one back-up filter) during the test sequence. The back-up filter shall be located no more than 100 mm downstream of, and shall not be in contact with the primary filter. The filters may be weighed separately or as a pair with the filters placed stain side to stain side.

4.1.4.   Filter Face Velocity

A gas face velocity through the filter of 35 to 80 cm/s shall be achieved. The pressure drop increase between the beginning and the end of the test shall be no more than 25 kPa.

4.1.5.   Filter Loading

The recommended minimum filter loading shall be 0,5 mg/1 075 mm2 stain area. For the most common filter sizes the values are shown in Table 9.

Table 9

Recommended Filter Loadings

| Filter Diameter
  (mm) | Recommended Stain
  (mm) | Recommended Minimum loading
  (mg) |
| --- | --- | --- |
| 47 | 37 | 0,5 |
| 70 | 60 | 1,3 |
| 90 | 80 | 2,3 |
| 110 | 100 | 3,6 |

Filter Diameter

(mm)

Recommended Stain

(mm)

Recommended Minimum loading

(mg)

47

37

0,5

70

60

1,3

90

80

2,3

110

100

3,6

4.2.   Weighing Chamber and Analytical Balance Specifications

4.2.1.   Weighing Chamber Conditions

The temperature of the chamber (or room) in which the particulate filters are conditioned and weighed shall be maintained to within 295K ± 3 K (22 °C ± 3 °C) during all filter conditioning and weighing. The humidity shall be maintained to a dewpoint of 282,5K ± 3 K (9,5 °C ± 3 °C) and a relative humidity of 45 % ± 8 %.

4.2.2.   Reference Filter Weighing

The chamber (or room) environment shall be free of any ambient contaminants (such as dust) that would settle on the particulate filters during their stabilisation. Disturbances to weighing room specifications as outlined in section 4.2.1 will be allowed if the duration of the disturbances does not exceed 30 minutes. The weighing room should meet the required specifications prior to personal entrance into the weighing room. At least two unused reference filters or reference filter pairs shall be weighed within 4 hours of, but preferably at the same time as the sample filter (pair) weighings. They shall be the same size and material as the sample filters.

If the average weight of the reference filters (reference filter pairs) changes between sample filter weighings by more than ± 5 % (± 7,5 % for the filter pair respectively) of the recommended minimum filter loading (section 4.1.5.), then all sample filters shall be discarded and the emissions test repeated.

If the weighing room stability criteria outlined in section 4.2.1 is not met, but the reference filter (pair) weighings meet the above criteria, the engine manufacturer has the option of accepting the sample filter weights or voiding the tests, fixing the weighing room control system and rerunning the test.

4.2.3.   Analytical Balance

The analytical balance used to determine the weights of all filters shall have a precision (standard deviation) of 20μg and a resolution of 10μg (1 digit = 10 μ(g). For filters less than 70 mm diameter, the precision and resolution shall be 2 μg and 1 μg, respectively.

4.3.   Additional Specifications for Particulate Measurement

All parts of the dilution system and the sampling system from the exhaust pipe up to the filter holder, which are in contact with raw and diluted exhaust gas, must be designed to minimise deposition or alteration of the particulates. All parts must be made of electrically conductive materials that do not react with exhaust gas components, and must be electrically grounded to prevent electrostatic effects.

5.   DETERMINATION OF SMOKE

This section provides specifications for the required and optional test equipment to be used for the ELR test. The smoke shall be measured with an opacimeter having an opacity and a light absorption coefficient readout mode. The opacity readout mode shall only be used for calibration and checking of the opacimeter. The smoke values of the test cycle shall be measured in the light absorption coefficient readout mode.

5.1.   General Requirements

The ELR requires the use of a smoke measurement and data processing system which includes three functional units. These units may be integrated into a single component or provided as a system of interconnected components. The three functional units are:

| — | an opacimeter meeting the specifications of Annex V, section 3, |
| --- | --- |

—

an opacimeter meeting the specifications of Annex V, section 3,

| — | a data processing unit capable of performing the functions described in Annex III, Appendix 1, section 6, |
| --- | --- |

—

a data processing unit capable of performing the functions described in Annex III, Appendix 1, section 6,

| — | a printer and/or electronic storage medium to record and output the required smoke values specified in Annex III, Appendix 1, section 6.3. |
| --- | --- |

—

a printer and/or electronic storage medium to record and output the required smoke values specified in Annex III, Appendix 1, section 6.3.

5.2.   Specific Requirements

5.2.1.   Linearity

The linearity shall be within ± 2 % opacity.

5.2.2.   Zero Drift

The zero drift during a one hour period shall not exceed ± 1 % opacity.

5.2.3.   Opacimeter Display and Range

For display in opacity, the range shall be 0-100 % opacity, and the readability 0,1 % opacity. For display in light absorption coefficient, the range shall be 0-30 m-1 light absorption coefficient, and the readability 0,01 m-1 light absorption coefficient.

5.2.4   Instrument Response Time

The physical response time of the opacimeter shall not exceed 0,2 s. The physical response time is the difference between the times when the output of a rapid response receiver reaches 10 and 90 % of the full deviation when the opacity of the gas being measured is changed in less than 0,1 s.

The electrical response time of the opacimeter shall not exceed 0,05 s. The electrical response time is the difference between the times when the opacimeter output reaches 10 and 90 % of the full scale when the light source is interrupted or completely extinguished in less than 0,01 s.

5.2.5.   Neutral Density Filters

Any neutral density filter used in conjunction with opacimeter calibration, linearity measurements, or setting span shall have its value known to within 1,0 % opacity. The filter's nominal value must be checked for accuracy at least yearly using a reference traceable to a national or international standard.

Neutral density filters are precision devices and can easily be damaged during use. Handling should be minimised and, when required, should be done with care to avoid scratching or soiling of the filter.

Appendix 5

CALIBRATION PROCEDURE

1.   CALIBRATION OF THE ANALYTICAL INSTRUMENTS

1.1.   Introduction

Each analyser shall be calibrated as often as necessary to fulfil the accuracy requirements of this Directive. The calibration method that shall be used is described in this section for the analysers indicated in Annex III, Appendix 4, section 3 and Annex V, section 1.

1.2.   Calibration Gases

The shelf life of all calibration gases must be respected.

The expiration date of the calibration gases stated by the manufacturer shall be recorded.

1.2.1.   Pure Gases

The required purity of the gases is defined by the contamination limits given below. The following gases must be available for operation:

Purified nitrogen

(Contamination ≤ 1 ppm C1, ≤ 1 ppm CO, ≤ 400 ppm CO2, ≤ 0,1 ppm NO)

Purified oxygen

(Purity > 99,5 % vol O2)

Hydrogen-helium mixture

(40 ± 2 % hydrogen, balance helium)

(Contamination ≤ 1 ppm C1, ≤ 400 ppm CO2)

Purified synthetic air

(Contamination ≤ 1 ppm C1, ≤ 1 ppm CO, ≤ 400 ppm CO2, ≤ 0,1 ppm NO)

(Oxygen content between 18-21 % vol.)

Purified propane or CO for the CVS verification

1.2.2.   Calibration and Span Gases

Mixtures of gases having the following chemical compositions shall be available:

C3H8 and purified synthetic air (see section 1.2.1);

CO and purified nitrogen;

NOx and purified nitrogen (the amount of NO2 contained in this calibration gas must not exceed 5 % of the NO content);

CO2 and purified nitrogen

CH4 and purified synthetic air

C2H6 and purified synthetic air

Note: Other gas combinations are allowed provided the gases do not react with one another.

The true concentration of a calibration and span gas must be within ± 2 % of the nominal value. All concentrations of calibration gas shall be given on a volume basis (volume percent or volume ppm).

The gases used for calibration and span may also be obtained by means of a gas divider, diluting with purified N2 or with purified synthetic air. The accuracy of the mixing device must be such that the concentration of the diluted calibration gases may be determined to within ± 2 %.

1.3.   Operating Procedure for Analysers and Sampling System

The operating procedure for analysers shall follow the start-up and operating instructions of the instrument manufacturer. The minimum requirements given in sections 1.4 to 1.9 shall be included.

1.4.   Leakage test

A system leakage test shall be performed. The probe shall be disconnected from the exhaust system and the end plugged. The analyser pump shall be switched on. After an initial stabilisation period all flow meters should read zero. If not, the sampling lines shall be checked and the fault corrected.

The maximum allowable leakage rate on the vacuum side shall be 0,5 % of the in-use flow rate for the portion of the system being checked. The analyser flows and bypass flows may be used to estimate the in-use flow rates.

Another method is the introduction of a concentration step change at the beginning of the sampling line by switching from zero to span gas. If after an adequate period of time the reading shows a lower concentration compared to the introduced concentration, this points to calibration or leakage problems.

1.5.   Calibration Procedure

1.5.1.   Instrument Assembly

The instrument assembly shall be calibrated and calibration curves checked against standard gases. The same gas flow rates shall be used as when sampling exhaust.

1.5.2   Warming-up Time

The warming-up time should be according to the recommendations of the manufacturer. If not specified, a minimum of two hours is recommended for warming up the analysers.

1.5.3.   NDIR and HFID Analyser

The NDIR analyser shall be tuned, as necessary, and the combustion flame of the HFID analyser shall be optimised (section 1.8.1).

1.5.4.   Calibration

Each normally used operating range shall be calibrated.

Using purified synthetic air (or nitrogen), the CO, CO2, NOx and HC analysers shall be set at zero.

The appropriate calibration gases shall be introduced to the analysers, the values recorded, and the calibration curve established according to section 1.5.5.

The zero setting shall be rechecked and the calibration procedure repeated, if necessary.

1.5.5   Establishment of the Calibration Curve

1.5.5.1.   General Guidelines

The analyser calibration curve shall be established by at least five calibration points (excluding zero) spaced as uniformly as possible. The highest nominal concentration must be equal to or higher than 90 % of full scale.

The calibration curve shall be calculated by the method of least squares. If the resulting polynomial degree is greater than 3, the number of calibration points (zero included) must be at least equal to this polynomial degree plus 2.

The calibration curve must not differ by more than ± 2 % from the nominal value of each calibration point and by more than ± 1 % of full scale at zero.

From the calibration curve and the calibration points, it is possible to verify that the calibration has been carried out correctly. The different characteristic parameters of the analyser must be indicated, particularly:

| — | the measuring range, |
| --- | --- |

—

the measuring range,

| — | the sensitivity, |
| --- | --- |

—

the sensitivity,

| — | the date of carrying out the calibration. |
| --- | --- |

—

the date of carrying out the calibration.

1.5.5.2.   Calibration below 15 % of Full Scale

The analyser calibration curve shall be established by at least 4 additional calibration points (excluding zero) spaced nominally equally below 15 % of full scale.

The calibration curve is calculated by the method of least squares.

The calibration curve must not differ by more than ± 4 % from the nominal value of each calibration point and by more than ± 1 % of full scale at zero.

1.5.5.3.   Alternative Methods

If it can be shown that alternative technology (e.g. computer, electronically controlled range switch, etc.) can give equivalent accuracy, then these alternatives may be used.

1.6.   Verification of the Calibration

Each normally used operating range shall be checked prior to each analysis in accordance with the following procedure.

The calibration shall be checked by using a zero gas and a span gas whose nominal value is more than 80 % of full scale of the measuring range.

If, for the two points considered, the value found does not differ by more than ± 4 % of full scale from the declared reference value, the adjustment parameters may be modified. Should this not be the case, a new calibration curve shall be established in accordance with section 1.5.5.

1.7.   Efficiency test of the NOx Converter

The efficiency of the converter used for the conversion of NO2 into NO shall be tested as given in sections 1.7.1 to 1.7.8 (Figure 6).

1.7.1.   Test Set-up

Using the test set-up as shown in Figure 6 (see also Annex III, Appendix 4, section 3.3.5) and the procedure below, the efficiency of converters can be tested by means of an ozonator.

1.7.2.   Calibration

The CLD and the HCLD shall be calibrated in the most common operating range following the manufacturer's specifications using zero and span gas (the NO content of which must amount to about 80 % of the operating range and the NO2 concentration of the gas mixture to less than 5 % of the NO concentration). The NOx analyser must be in the NO mode so that the span gas does not pass through the converter. The indicated concentration has to be recorded.

1.7.3   Calculation

The efficiency of the NOx converter is calculated as follows:

Formula

where,

| a | = | is the NOx concentration according to section 1.7.6 |
| --- | --- | --- |
| b | = | is the NOx concentration according to section 1.7.7 |
| c | = | is the NO concentration according to section 1.7.4 |
| d | = | is the NO concentration according to section 1.7.5 |

a

=

is the NOx concentration according to section 1.7.6

b

=

is the NOx concentration according to section 1.7.7

c

=

is the NO concentration according to section 1.7.4

d

=

is the NO concentration according to section 1.7.5

1.7.4.   Adding of Oxygen

Via a T-fitting, oxygen or zero air is added continuously to the gas flow until the concentration indicated is about 20 % less than the indicated calibration concentration given in section 1.7.2 (The analyser is in the NO mode). The indicated concentration c shall be recorded. The ozonator is kept deactivated throughout the process.

1.7.5.   Activation of the Ozonator

The ozonator is now activated to generate enough ozone to bring the NO concentration down to about 20 % (minimum 10 %) of the calibration concentration given in section 1.7.2. The indicated concentration d shall be recorded (The analyser is in the NO mode).

1.7.6.   NOx Mode

The NO analyser is then switched to the NOx mode so that the gas mixture (consisting of NO, NO2, O2 and N2) now passes through the converter. The indicated concentration a shall be recorded. (The analyser is in the NOx mode).

1.7.7.   Deactivation of the Ozonator

The ozonator is now deactivated. The mixture of gases described in section 1.7.6 passes through the converter into the detector. The indicated concentration b shall be recorded. (The analyser is in the NOx mode).

1.7.8.   NO Mode

Switched to NO mode with the ozonator deactivated, the flow of oxygen or synthetic air is also shut off. The NOx reading of the analyser shall not deviate by more than ± 5 % from the value measured according to section 1.7.2. (The analyser is in the NO mode).

1.7.9.   Test Interval

The efficiency of the converter must be tested prior to each calibration of the NOx analyser.

1.7.10.   Efficiency Requirement

The efficiency of the converter shall not be less than 90 %, but a higher efficiency of 95 % is strongly recommended.

Note: If, with the analyser in the most common range, the ozonator cannot give a reduction from 80 % to 20 % according to section 1.7.5, then the highest range which will give the reduction shall be used.

Figure 6

Schematic of NOx converter efficiency device

Image

1.8.   Adjustment of the FID

1.8.1.   Optimisation of the Detector Response

The FID must be adjusted as specified by the instrument manufacturer. A propane in air span gas should be used to optimise the response on the most common operating range.

With the fuel and air flow rates set at the manufacturer's recommendations, a 350 ± 75 ppm C span gas shall be introduced to the analyser. The response at a given fuel flow shall be determined from the difference between the span gas response and the zero gas response. The fuel flow shall be incrementally adjusted above and below the manufacturer's specification. The span and zero response at these fuel flows shall be recorded. The difference between the span and zero response shall be plotted and the fuel flow adjusted to the rich side of the curve.

1.8.2.   Hydrocarbon Response Factors

The analyser shall be calibrated using propane in air and purified synthetic air, according to section 1.5.

Response factors shall be determined when introducing an analyser into service and after major service intervals. The response factor (Rf) for a particular hydrocarbon species is the ratio of the FID C1 reading to the gas concentration in the cylinder expressed by ppm C1.

The concentration of the test gas must be at a level to give a response of approximately 80 % of full scale. The concentration must be known to an accuracy of ± 2 % in reference to a gravimetric standard expressed in volume. In addition, the gas cylinder must be preconditioned for 24 hours at a temperature of 298 K ± 5 K (25 °C ± 5 °C).

The test gases to be used and the recommended relative response factor ranges are as follows:

Methane and purified synthetic air 1,00 ≤ Rf ≤ 1,15

Propylene and purified synthetic air 0,90 ≤ Rf ≤ 1,10

Toluene and purified synthetic air 0,90 ≤ Rf ≤ 1,10

These values are relative to the response factor (Rf) of 1,00 for propane and purified synthetic air.

1.8.3.   Oxygen Interference Check

The oxygen interference check shall be determined when introducing an analyser into service and after major service intervals.

The response factor is defined and shall be determined as described in section 1.8.2. The test gas to be used and the recommended relative response factor range are as follows:

Propane and nitrogen 0,95 ≤ Rf ≤ 1,05

This value is relative to the response factor (Rf) of 1,00 for propane and purified synthetic air.

The FID burner air oxygen concentration must be within ± 1 mole % of the oxygen concentration of the burner air used in the latest oxygen interference check. If the difference is greater, the oxygen interference must be checked and the analyser adjusted, if necessary.

1.8.4.   Efficiency of the Non-Methane Cutter (NMC, For NG Fuelled Gas Engines Only)

The NMC is used for the removal of the non-methane hydrocarbons from the sample gas by oxidising all hydrocarbons except methane. Ideally, the conversion for methane is 0 %, and for the other hydrocarbons represented by ethane is 100 %. For the accurate measurement of NMHC, the two efficiencies shall be determined and used for the calculation of the NMHC emission mass flow rate (see Annex III, Appendix 2, section 4.3).

1.8.4.1.   Methane Efficiency

Methane calibration gas shall be flown through the FID with and without bypassing the NMC and the two concentrations recorded. The efficiency shall be determined as follows:

CEM = 1 - (concw/concw/o)

where,

| concw | = | HC concentration with CH4 flowing through the NMC |
| --- | --- | --- |
| concw/o | = | HC concentration with CH4 bypassing the NMC |

concw

=

HC concentration with CH4 flowing through the NMC

concw/o

=

HC concentration with CH4 bypassing the NMC

1.8.4.2.   Ethane Efficiency

Ethane calibration gas shall be flown through the FID with and without bypassing the NMC and the two concentrations recorded. The efficiency shall be determined as follows

Formula

where,

| concw | = | HC concentration with C2H6 flowing through the NMC |
| --- | --- | --- |
| concw/o | = | HC concentration with C2H6 bypassing the NMC |

concw

=

HC concentration with C2H6 flowing through the NMC

concw/o

=

HC concentration with C2H6 bypassing the NMC

1.9.   Interference Effects with CO, CO2, and NOx Analysers

Gases present in the exhaust other than the one being analysed can interfere with the reading in several ways. Positive interference occurs in NDIR instruments where the interfering gas gives the same effect as the gas being measured, but to a lesser degree. Negative interference occurs in NDIR instruments by the interfering gas broadening the absorption band of the measured gas, and in CLD instruments by the interfering gas quenching the radiation. The interference checks in sections 1.9.1 and 1.9.2 shall be performed prior to an analyser's initial use and after major service intervals.

1.9.1.   CO Analyser Interference Check

Water and CO2 can interfere with the CO analyser performance. Therefore, a CO2 span gas having a concentration of 80 to 100 % of full scale of the maximum operating range used during testing shall be bubbled through water at room temperature and the analyser response recorded. The analyser response must not be more than 1 % of full scale for ranges equal to or above 300 ppm or more than 3 ppm for ranges below 300 ppm.

1.9.2.   NOx Analyser Quench Checks

The two gases of concern for CLD (and HCLD) analysers are CO2 and water vapour. Quench responses to these gases are proportional to their concentrations, and therefore require test techniques to determine the quench at the highest expected concentrations experienced during testing.

1.9.2.1.   CO2 Quench Check

A CO2 span gas having a concentration of 80 to 100 % of full scale of the maximum operating range shall be passed through the NDIR analyser and the CO2 value recorded as A. It shall then be diluted approximately 50 % with NO span gas and passed through the NDIR and (H)CLD, with the CO2 and NO values recorded as B and C, respectively. The CO2 shall then be shut off and only the NO span gas be passed through the (H)CLD and the NO value recorded as D.

The quench, which must not be greater than 3 % of full scale, shall be calculated as follows:

Formula

where,

| A | = | is the undiluted CO2 concentration measured with NDIR in % |
| --- | --- | --- |
| B | = | is the diluted CO2 concentration measured with NDIR in % |
| C | = | is the diluted NO concentration measured with (H)CLD in ppm |
| D | = | is the undiluted NO concentration measured with (H)CLD in ppm |

A

=

is the undiluted CO2 concentration measured with NDIR in %

B

=

is the diluted CO2 concentration measured with NDIR in %

C

=

is the diluted NO concentration measured with (H)CLD in ppm

D

=

is the undiluted NO concentration measured with (H)CLD in ppm

Alternative methods of diluting and quantifying of CO2 and NO span gas values such as dynamic mixing/blending can be used.

1.9.2.2.   Water Quench Check

This check applies to wet gas concentration measurements only. Calculation of water quench must consider dilution of the NO span gas with water vapour and scaling of water vapour concentration of the mixture to that expected during testing.

A NO span gas having a concentration of 80 to 100 % of full scale of the normal operating range shall be passed through the (H)CLD and the NO value recorded as D. The NO span gas shall then be bubbled through water at room temperature and passed through the (H)CLD and the NO value recorded as C. The analyser's absolute operating pressure and the water temperature shall be determined and recorded as E and F, respectively. The mixture's saturation vapour pressure that corresponds to the bubbler water temperature F shall be determined and recorded as G. The water vapour concentration (H, in %) of the mixture shall be calculated as follows:

H = 100 x (G/E)

The expected diluted NO span gas (in water vapour) concentration (De) shall be calculated as follows:

De = D x (1 - H/100)

For diesel exhaust, the maximum exhaust water vapour concentration (Hm, in %) expected during testing shall be estimated, under the assumption of a fuel atom H/C ratio of 1,8:1, from the undiluted CO2 span gas concentration (A, as measured in section 1.9.2.1) as follows:

Hm = 0,9 x A

The water quench, which must not be greater than 3 %, shall be calculated as follows:

% quench = 100 x ((De - C)/De) x (Hm/H)

where,

| De | = | is the expected diluted NO concentration in ppm |
| --- | --- | --- |
| C | = | is the diluted NO concentration in ppm |
| Hm | = | is the maximum water vapour concentration in % |
| H | = | is the actual water vapour concentration in % |

De

=

is the expected diluted NO concentration in ppm

C

=

is the diluted NO concentration in ppm

Hm

=

is the maximum water vapour concentration in %

H

=

is the actual water vapour concentration in %

Note: It is important that the NO span gas contains minimal NO2 concentration for this check, since absorption of NO2 in water has not been accounted for in the quench calculations.

1.10.   Calibration Intervals

The analysers shall be calibrated according to section 1.5 at least every 3 months or whenever a system repair or change is made that could influence calibration.

2.   CALIBRATION OF THE CVS-SYSTEM

2.1.   General

The CVS system shall be calibrated by using an accurate flowmeter traceable to national or international standards and a restricting device. The flow through the system shall be measured at different restriction settings, and the control parameters of the system shall be measured and related to the flow.

Various types of flowmeters may be used, e.g. calibrated venturi, calibrated laminar flowmeter, calibrated turbinemeter.

2.2.   Calibration of the Positive Displacement Pump (PDP)

All parameters related to the pump shall be simultaneously measured with the parameters related to the flowmeter which is connected in series with the pump. The calculated flow rate (in m3/min at pump inlet, absolute pressure and temperature) shall be plotted versus a correlation function which is the value of a specific combination of pump parameters. The linear equation which relates the pump flow and the correlation function shall then be determined. If a CVS has a multiple speed drive, the calibration shall be performed for each range used. Temperature stability shall be maintained during calibration.

2.2.1.   Data Analysis

The air flowrate (Qs) at each restriction setting (minimum 6 settings) shall be calculated in standard m3/min from the flowmeter data using the manufacturer's prescribed method. The air flow rate shall then be converted to pump flow (V0) in m3/rev at absolute pump inlet temperature and pressure as follows:

Formula

where,

| Qs | = | air flow rate at standard conditions (101,3 kPa, 273 K), m3/s |
| --- | --- | --- |
| T | = | temperature at pump inlet, K |
| pA | = | absolute pressure at pump inlet (pB-p1), kPa |
| n | = | pump speed, rev/s |

Qs

=

air flow rate at standard conditions (101,3 kPa, 273 K), m3/s

T

=

temperature at pump inlet, K

pA

=

absolute pressure at pump inlet (pB-p1), kPa

n

=

pump speed, rev/s

To account for the interaction of pressure variations at the pump and the pump slip rate, the correlation function (X0) between pump speed, pressure differential from pump inlet to pump outlet and absolute pump outlet pressure shall be calculated as follows:

Formula

where,

| Δpp | = | pressure differential from pump inlet to pump outlet, kPa |
| --- | --- | --- |
| pA | = | absolute outlet pressure at pump outlet, kPa |

Δpp

=

pressure differential from pump inlet to pump outlet, kPa

pA

=

absolute outlet pressure at pump outlet, kPa

A linear least-square fit shall be performed to generate the calibration equation as follows:

V0 = D0 - m x (X0)

D0 and m are the intercept and slope constants, respectively, describing the regression lines.

For a CVS system with multiple speeds, the calibration curves generated for the different pump flow ranges shall be approximately parallel, and the intercept values (D0) shall increase as the pump flow range decreases.

The calculated values from the equation shall be within ± 0,5 % of the measured value of V0. Values of m will vary from one pump to another. Particulate influx over time will cause the pump slip to decrease, as reflected by lower values for m. Therefore, calibration shall be performed at pump start-up, after major maintenance, and if the total system verification (section 2.4) indicates a change of the slip rate.

2.3.   Calibration of the Critical Flow Venturi (CFV)

Calibration of the CFV is based upon the flow equation for a critical venturi. Gas flow is a function of inlet pressure and temperature, as shown below:

Formula

where,

| Kv | = | calibration coefficient |
| --- | --- | --- |
| pA | = | absolute pressure at venturi inlet, kPa |
| T | = | temperature at venturi inlet, K |

Kv

=

calibration coefficient

pA

=

absolute pressure at venturi inlet, kPa

T

=

temperature at venturi inlet, K

2.3.1.   Data Analysis

The air flowrate (Qs) at each restriction setting (minimum 8 settings) shall be calculated in standard m3/min from the flowmeter data using the manufacturer's prescribed method. The calibration coefficient shall be calculated from the calibration data for each setting as follows:

Formula

where,

| Qs | = | air flow rate at standard conditions (101,3 kPa, 273 K), m3/s |
| --- | --- | --- |
| T | = | temperature at the venturi inlet, K |
| pA | = | absolute pressure at venturi inlet, kPa |

Qs

=

air flow rate at standard conditions (101,3 kPa, 273 K), m3/s

T

=

temperature at the venturi inlet, K

pA

=

absolute pressure at venturi inlet, kPa

To determine the range of critical flow, Kv shall be plotted as a function of venturi inlet pressure. For critical (choked) flow, Kv will have a relatively constant value. As pressure decreases (vacuum increases), the venturi becomes unchoked and Kv decreases, which indicates that the CFV is operated outside the permissible range.

For a minimum of eight points in the region of critical flow, the average Kv and the standard deviation shall be calculated. The standard deviation shall not exceed ± 0,3 % of the average KV.

2.4.   Total System Verification

The total accuracy of the CVS sampling system and analytical system shall be determined by introducing a known mass of a pollutant gas into the system while it is being operated in the normal manner. The pollutant is analysed, and the mass calculated according to Annex III, Appendix 2, section 4.3 except in the case of propane where a factor of 0,000472 is used in place of 0,000479 for HC. Either of the following two techniques shall be used.

2.4.1.   Metering with a Critical Flow Orifice

A known quantity of pure gas (carbon monoxide or propane) shall be fed into the CVS system through a calibrated critical orifice. If the inlet pressure is high enough, the flow rate, which is adjusted by means of the critical flow orifice, is independent of the orifice outlet pressure (critical flow). The CVS system shall be operated as in a normal exhaust emission test for about 5 to 10 minutes. A gas sample shall be analysed with the usual equipment (sampling bag or integrating method), and the mass of the gas calculated. The mass so determined shall be within ± 3 % of the known mass of the gas injected.

2.4.2.   Metering by Means of a Gravimetric Technique

The weight of a small cylinder filled with carbon monoxide or propane shall be determined with a precision of ± 0,01 gram. For about 5 to 10 minutes, the CVS system shall be operated as in a normal exhaust emission test, while carbon monoxide or propane is injected into the system. The quantity of pure gas discharged shall be determined by means of differential weighing. A gas sample shall be analysed with the usual equipment (sampling bag or integrating method), and the mass of the gas calculated. The mass so determined shall be within ± 3 % of the known mass of the gas injected.

3.   CALIBRATION OF THE PARTICULATE MEASURING SYSTEM

3.1.   Introduction

Each component shall be calibrated as often as necessary to fulfil the accuracy requirements of this Directive. The calibration method to be used is described in this section for the components indicated in Annex III, Appendix 4, section 4 and Annex V, section 2.

3.2.   Flow Measurement

The calibration of gas flow meters or flow measurement instrumentation shall be traceable to international and/or national standards. The maximum error of the measured value shall be within ± 2 % of reading.

If the gas flow is determined by differential flow measurement, the maximum error of the difference shall be such that the accuracy of GEDF is within ± 4 % (see also Annex V, section 2.2.1, EGA). It can be calculated by taking the Root-Mean-Square of the errors of each instrument.

3.3.   Checking the Partial Flow Conditions

The range of the exhaust gas velocity and the pressure oscillations shall be checked and adjusted according to the requirements of Annex V, section 2.2.1, EP, if applicable.

3.4.   Calibration Intervals

The flow measurement instrumentation shall be calibrated at least every 3 months or whenever a system repair or change is made that could influence calibration.

4.   CALIBRATION OF THE SMOKE MEASUREMENT EQUIPMENT

4.1.   Introduction

The opacimeter shall be calibrated as often as necessary to fulfil the accuracy requirements of this Directive. The calibration method to be used is described in this section for the components indicated in Annex III, Appendix 4, section 5 and Annex V, section 3.

4.2.   Calibration Procedure

4.2.1   Warming-up Time

The opacimeter shall be warmed up and stabilised according to the manufacturer's recommendations. If the opacimeter is equipped with a purge air system to prevent sooting of the instrument optics, this system should also be activated and adjusted according to the manufacturer's recommendations.

4.2.2.   Establishment of the Linearity Response

The linearity of the opacimeter shall be checked in the opacity readout mode as per the manufacturer's recommendations. Three neutral density filters of known transmittance, which shall meet the requirements of Annex III, Appendix 4, section 5.2.5, shall be introduced to the opacimeter and the value recorded. The neutral density filters shall have nominal opacities of approximately 10 %, 20 % and 40 %.

The linearity must not differ by more than ± 2 % opacity from the nominal value of the neutral density filter. Any non-linearity exceeding the above value must be corrected prior to the test.

4.3.   Calibration Intervals

The opacimeter shall be calibrated according to section 4.2.2 at least every 3 months or whenever a system repair or change is made that could influence calibration.

ANNEX IV

TECHNICAL CHARACTERISTICS OF REFERENCE FUEL PRESCRIBED FOR APPROVAL TESTS AND TO VERIFY CONFORMITY OF PRODUCTION

DIESEL FUEL (1)

| Parameter | Unit | Limits (2) | Test Method | Publication |
| --- | --- | --- | --- | --- |
| Minimum | Maximum |
| Cetane number (3) | | 52,0 | 54,0 | EN-ISO 5165 | 1998 (4) |
| Density at 15 °C | kg/m3 | 833 | 837 | EN-ISO 3675 | 1995 |
| Distillation: | | | | | |
| — 50 % point | °C | 245 | — | EN-ISO 3405 | 1998 |
| — 95 % point | °C | 345 | 350 | EN-ISO 3405 | 1998 |
| — final boiling point | °C | — | 370 | EN-ISO 3405 | 1998 |
| Flash point | °C | 55 | — | EN 27719 | 1993 |
| CFPP | °C | — | - 5 | EN 116 | 1981 |
| Viscosity at 40 °C | mm2/s | 2,5 | 3,5 | EN-ISO 3104 | 1996 |
| Polycyclic aromatic hydrocarbons | % m/m | 3,0 | 6,0 | IP 391 (7) | 1995 |
| Sulphur content (5) | mg/kg | — | 300 | pr. EN-ISO/DIS 14596 | 1998 (4) |
| Copper corrosion | | — | 1 | EN-ISO 2160 | 1995 |
| Conradson carbon residue (10 % DR) | % m/m | — | 0,2 | EN-ISO 10370 | |
| Ash content | % m/m | — | 0,01 | EN-ISO 6245 | 1995 |
| Water content | % m/m | — | 0,05 | EN-ISO 12937 | 1995 |
| Neutralisation (strong acid) number | mg KOH/g | — | 0,02 | ASTM D 974-95 | 1998 (4) |
| Oxidation stability (6) | mg/ml | — | 0,025 | EN-ISO 12205 | 1996 |
| % m/m | — | — | EN 12916 | [1997] (4) |

Parameter

Unit

Limits (2)

Test Method

Publication

Minimum

Maximum

Cetane number (3)

52,0

54,0

EN-ISO 5165

1998 (4)

Density at 15 °C

kg/m3

833

837

EN-ISO 3675

1995

Distillation:

— 50 % point

°C

245

—

EN-ISO 3405

1998

— 95 % point

°C

345

350

EN-ISO 3405

1998

— final boiling point

°C

—

370

EN-ISO 3405

1998

Flash point

°C

55

—

EN 27719

1993

CFPP

°C

—

- 5

EN 116

1981

Viscosity at 40 °C

mm2/s

2,5

3,5

EN-ISO 3104

1996

Polycyclic aromatic hydrocarbons

% m/m

3,0

6,0

IP 391 (7)

1995

Sulphur content (5)

mg/kg

—

300

pr. EN-ISO/DIS 14596

1998 (4)

Copper corrosion

—

1

EN-ISO 2160

1995

Conradson carbon residue (10 % DR)

% m/m

—

0,2

EN-ISO 10370

Ash content

% m/m

—

0,01

EN-ISO 6245

1995

Water content

% m/m

—

0,05

EN-ISO 12937

1995

Neutralisation (strong acid) number

mg KOH/g

—

0,02

ASTM D 974-95

1998 (4)

Oxidation stability (6)

mg/ml

—

0,025

EN-ISO 12205

1996

% m/m

—

—

EN 12916

[1997] (4)

ETHANOL FOR DIESEL ENGINES (8)

| Parameter | Unit | Limits (9) | Test Method (10) |
| --- | --- | --- | --- |
| Minimum | Maximum |
| Alcohol, mass | % m/m | 92,4 | — | ASTM D 5501 |
| Other alcohol than ethanol contained in total alcohol, mass | % m/m | — | 2 | ADTM D 5501 |
| Density at 15 °C | kg/m3 | 795 | 815 | ASTM D 4052 |
| Ash content | % m/m | | 0,001 | ISO 6245 |
| Flash point | °C | 10 | | ISO 2719 |
| Acidity, calculated as acetic acid | % m/m | — | 0,0025 | ISO 1388-2 |
| Neutralisation (strong acid) number | KOH mg/l | — | 1 | |
| Colour | According to scale | — | 10 | ASTM D 1209 |
| Dry residue at 100 °C | mg/kg | | 15 | ISO 759 |
| Water content | % m/m | | 6,5 | ISO 760 |
| Aldehydes calculated as acetic acid | % m/m | | 0,0025 | ISO 1388-4 |
| Sulphur content | mg/kg | — | 10 | ASTM D 5453 |
| Esters, calculated as ethylacetate | % m/m | — | 0,1 | ASSTM D 1617 |

Parameter

Unit

Limits (9)

Test Method (10)

Minimum

Maximum

Alcohol, mass

% m/m

92,4

—

ASTM D 5501

Other alcohol than ethanol contained in total alcohol, mass

% m/m

—

2

ADTM D 5501

Density at 15 °C

kg/m3

795

815

ASTM D 4052

Ash content

% m/m

0,001

ISO 6245

Flash point

°C

10

ISO 2719

Acidity, calculated as acetic acid

% m/m

—

0,0025

ISO 1388-2

Neutralisation (strong acid) number

KOH mg/l

—

1

Colour

According to scale

—

10

ASTM D 1209

Dry residue at 100 °C

mg/kg

15

ISO 759

Water content

% m/m

6,5

ISO 760

Aldehydes calculated as acetic acid

% m/m

0,0025

ISO 1388-4

Sulphur content

mg/kg

—

10

ASTM D 5453

Esters, calculated as ethylacetate

% m/m

—

0,1

ASSTM D 1617

2.   NATURAL GAS (NG)

European market fuels are available in two ranges:

| — | the H range, whose extreme reference fuels are GR and G23; |
| --- | --- |

—

the H range, whose extreme reference fuels are GR and G23;

| — | the L range, whose extreme reference fuels are G23 and G25. |
| --- | --- |

—

the L range, whose extreme reference fuels are G23 and G25.

The characteristics of GR, G23 and G25 reference fuels are summarised below:

| Reference fuel GR |
| --- |
| Characteristics | Units | Basis | Limits | Test Method |
| Minimum | Maximum |
| Composition: | | | | | |
| Methane | | 87 | 84 | 89 | |
| Ethane | | 13 | 11 | 15 | |
| Balance (11) | %-mole | — | — | 1 | ISO 6974 |
| Sulphur content | mg/m3
   (12) | — | — | 10 | ISO 6326-5 |

Reference fuel GR

Characteristics

Units

Basis

Limits

Test Method

Minimum

Maximum

Composition:

Methane

87

84

89

Ethane

13

11

15

Balance (11)

%-mole

—

—

1

ISO 6974

Sulphur content

mg/m3
   (12)

—

—

10

ISO 6326-5

| Reference fuel G23 |
| --- |
| Characteristics | Units | Basis | Limits | Test Method |
| Minimum | Maximum |
| Composition: | | | | | |
| Methane | | 92,5 | 91,5 | 93,5 | |
| Balance | %-mole | — | — | 1 | ISO 6974 |
| N2 | | 7,5 | 6,5 | 8,5 | |
| Sulphur content | mg/m3
   (13)
   (14) | — | — | 10 | ISO 6326-5 |

Reference fuel G23

Characteristics

Units

Basis

Limits

Test Method

Minimum

Maximum

Composition:

Methane

92,5

91,5

93,5

Balance

%-mole

—

—

1

ISO 6974

N2

7,5

6,5

8,5

Sulphur content

mg/m3
   (13)
   (14)

—

—

10

ISO 6326-5

| Reference fuel G25 |
| --- |
| Characteristics | Units | Basis | Limits | Test Method |
| Minimum | Maximum |
| Composition: | | | | | |
| Methane | | 86 | 84 | 88 | |
| Balance (15) | %-mole | — | — | 1 | ISO 6974 |
| N2 | | 14 | 12 | 16 | |
| Sulphur content | mg/m3
   (16) | — | — | 10 | ISO 6326-5 |

Reference fuel G25

Characteristics

Units

Basis

Limits

Test Method

Minimum

Maximum

Composition:

Methane

86

84

88

Balance (15)

%-mole

—

—

1

ISO 6974

N2

14

12

16

Sulphur content

mg/m3
   (16)

—

—

10

ISO 6326-5

3.   LIQUEFIED PETROLEUM GAS (LPG)

| Parameter | Unit | Limits Fuel A | Limits Fuel B | Test Method |
| --- | --- | --- | --- | --- |
| Minimum | Maximum | Minimum | Maximum |
| Motor Octane Number | | 92,5 (**) | | 92,5 | | EN 589 Annex B |
| Composition | | | | | | |
| C3 content | % vol | 48 | 52 | 83 | 87 | |
| C4 content | % vol | 48 | 52 | 13 | 17 | ISO 7941 |
| Olefins | % vol | | 12 | | 14 | |
| Evaporation residue | mg/kg | | 50 | | 50 | NFM 41-015 |
| Total sulphur content | ppm weight (17) | | 50 | | 50 | EN 24260 |
| Hydrogen sulphide | — | | None | | None | ISO 8819 |
| Copper strip corrosion | rating | | Class 1 | | class 1 | ISO 6251 (18) |
| Water at 0 °C | | | Free | | free | Visual inspection |

Parameter

Unit

Limits Fuel A

Limits Fuel B

Test Method

Minimum

Maximum

Minimum

Maximum

Motor Octane Number

92,5 (**)

92,5

EN 589 Annex B

Composition

C3 content

% vol

48

52

83

87

C4 content

% vol

48

52

13

17

ISO 7941

Olefins

% vol

12

14

Evaporation residue

mg/kg

50

50

NFM 41-015

Total sulphur content

ppm weight (17)

50

50

EN 24260

Hydrogen sulphide

—

None

None

ISO 8819

Copper strip corrosion

rating

Class 1

class 1

ISO 6251 (18)

Water at 0 °C

Free

free

Visual inspection

---

(1)  If it is required to calculate the thermal efficiency of an engine or vehicle, the calorific value of the fuel can be calculated from:

Specific energy (calorific value)(net) in MJ/kg = (46,423 - 8,792d2 + 3,170d)(1 - (x + y + s)) + 9,420s - 2,499x

where,

| d | = | the density at 15 °C |
| --- | --- | --- |
| x | = | the proportion by mass of water (% divided by 100) |
| y | = | the proportion by mass of ash (% divided by 100) |
| s | = | the proportion by mass of sulphur (% divided by 100). |

d

=

the density at 15 °C

x

=

the proportion by mass of water (% divided by 100)

y

=

the proportion by mass of ash (% divided by 100)

s

=

the proportion by mass of sulphur (% divided by 100).

(2)  The values quoted in the specification are ‘true values‧. In establishment of their limit values the terms of ISO 4259, Petroleums products — Determination and application of precision data in relation to methods of test, have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R = reproducibility). Notwithstanding this measure, which is necessary for statistical reasons, the manufacturer of a fuel should nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify the question as to whether a fuel meets the requirements of the specification, the terms of ISO 4259 should be applied.

(3)  The range for cetane number is not in accordance with the requirement of a minimum range of 4R. However, in the case of dispute between fuel supplier and fuel user, the terms in ISO 4259 can be used to resolve such disputes provided replicate measurements, of sufficient number to achieve the necessary precision, are made in preference to single determinations.

(4)  The month of publication will be completed in due course.

(5)  The actual sulphur content of the fuel used for the test shall be reported. In addition, the sulphur content of the reference fuel used to approve a vehicle or engine against the limit values set out in row B of the Table in section 6.2.1. of Annex I to this Directive shall have a maximum sulphur content of 50 ppm. The Commission will as soon as possible, but no later than 31 December 1999, bring forward a modification to this Annex reflecting the market average for fuel sulphur content in respect of the fuel defined in Annex IV to Directive 98/70/EC.

(6)  Even though oxidation stability is controlled, it is likely that shelf life will be limited. Advice should be sought from the supplier as to storage conditions and life.

(7)  New and better method for polycyclic aromatics under development

(8)  Cetane improver, as specified by the engine manufacturer, may be added to the ethanol fuel. The maximum allowed amount is 10 % m/m.

(9)  The values quoted in the specification are ‘true values‧. In establishment of their limit values the terms of ISO 4259, Petroleum products Determination and application of precision data in relation to methods of test, have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account; in fixing a maximum and minimum value, the minimum difference is 4R (R — reproducibility). Notwithstanding this measure, which is necessary for statistical reasons, the manufacturer of a fuel should nevertheless aim at a zero value where the stipulated maximum value is 2R and at the mean value in the case of quotations of maximum and minimum limits. Should it be necessary to clarify the question as to whether a fuel meets the requirements of the specification, the terms of ISO 4259 should be applied.

(10)  Equivalent ISO methods will be adopted when issued for all properties listed above.

(11)  Inerts +C2+.

(12)  Value to be determined at standard conditions (293.2 K (20 °C) and 101.3 kPa).

(13)  Inerts (different from N2) +C2+ +C2+.

(14)  Value to be determined at standard conditions (293,2 K (20 °C) and 101,3 kPa).

(15)  Inerts (different from N2) +C2+ +C2+.

(16)  Value to be determined at standard conditions (293,2 K (20 °C) and 101,3 kPa).

(17)  Value to be determined at standard conditions 293,2 K (20 °C) and 101,3 kPa.

(18)  This method may not accurately determine the presence of corrosive materials if the sample contains corrosion inhibitors or other chemicals which diminish the corrosivity of the sample to the copper strip. Therefore, the addition of such compounds for the sole purpose of biasing the test method is prohibited.

ANNEX V

ANALYTICAL AND SAMPLING SYSTEMS

1.   DETERMINATION OF THE GASEOUS EMISSIONS

1.1.   Introduction

Section 1.2 and figures 7 and 8 contain detailed descriptions of the recommended sampling and analysing systems. Since various configurations can produce equivalent results, exact conformance with figures 7 and 8 is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and co-ordinate the functions of the component systems. Other components which are not needed to maintain the accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgement.

Figure 7

Flow diagram of raw exhaust gas analysis system for CO, CO2, NOx, HC

ESC only

Image

1.2.   Description of the Analytical System

An analytical system for the determination of the gaseous emissions in the raw (Figure 7, ESC only) or diluted (Figure 8, ETC and ESC) exhaust gas is described based on the use of:

| — | HFID analyser for the measurement of hydrocarbons; |
| --- | --- |

—

HFID analyser for the measurement of hydrocarbons;

| — | NDIR analysers for the measurement of carbon monoxide and carbon dioxide; |
| --- | --- |

—

NDIR analysers for the measurement of carbon monoxide and carbon dioxide;

| — | HCLD or equivalent analyser for the measurement of the oxides of nitrogen; |
| --- | --- |

—

HCLD or equivalent analyser for the measurement of the oxides of nitrogen;

The sample for all components may be taken with one sampling probe or with two sampling probes located in close proximity and internally split to the different analysers. Care must be taken that no condensation of exhaust components (including water and sulphuric acid) occurs at any point of the analytical system.

Figure 8

Flow diagram of diluted exhaust gas analysis system for CO, CO2, NOx, HC

ETC, optional for ESC

Image

1.2.1.   Components of figures 7 and 8

EP Exhaust pipe

SP1 Exhaust gas sampling probe (Figure 7 only)

A stainless steel straight closed end multi-hole probe is recommended. The inside diameter shall not be greater than the inside diameter of the sampling line. The wall thickness of the probe shall not be greater than 1 mm. There shall be a minimum of 3 holes in 3 different radial planes sized to sample approximately the same flow. The probe must extend across at least 80 % of the diameter of the exhaust pipe. One or two sampling probes may be used.

SP2 Diluted exhaust gas HC sampling probe (Figure 8 only)

The probe shall:

| — | be defined as the first 254 mm to 762 mm of the heated sampling line HSL1; |
| --- | --- |

—

be defined as the first 254 mm to 762 mm of the heated sampling line HSL1;

| — | have a 5 mm minimum inside diameter; |
| --- | --- |

—

have a 5 mm minimum inside diameter;

| — | be installed in the dilution tunnel DT (see section 2.3, Figure 20) at a point where the dilution air and exhaust gas are well mixed (i.e. approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel); |
| --- | --- |

—

be installed in the dilution tunnel DT (see section 2.3, Figure 20) at a point where the dilution air and exhaust gas are well mixed (i.e. approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel);

| — | be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies; |
| --- | --- |

—

be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies;

| — | be heated so as to increase the gas stream temperature to 463 K ± 10 K (190 °C ± 10 °C) at the exit of the probe. |
| --- | --- |

—

be heated so as to increase the gas stream temperature to 463 K ± 10 K (190 °C ± 10 °C) at the exit of the probe.

SP3 Diluted exhaust gas CO, CO2, NOx sampling probe (Figure 8 only)

The probe shall:

| — | be in the same plane as SP 2; |
| --- | --- |

—

be in the same plane as SP 2;

| — | be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies; |
| --- | --- |

—

be sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influence of any wakes or eddies;

| — | be heated and insulated over its entire length to a minimum temperature of 328 K (55 °C) to prevent water condensation. |
| --- | --- |

—

be heated and insulated over its entire length to a minimum temperature of 328 K (55 °C) to prevent water condensation.

HSL1 Heated sampling line

The sampling line provides a gas sample from a single probe to the split point(s) and the HC analyser.

The sampling line shall:

| — | have a 5 mm minimum and a 13,5 mm maximum inside diameter; |
| --- | --- |

—

have a 5 mm minimum and a 13,5 mm maximum inside diameter;

| — | be made of stainless steel or PTFE; |
| --- | --- |

—

be made of stainless steel or PTFE;

| — | maintain a wall temperature of 463 K ± 10 K (190 °C ± 10 °C) as measured at every separately controlled heated section, if the temperature of the exhaust gas at the sampling probe is equal to or below 463 K (190 °C); |
| --- | --- |

—

maintain a wall temperature of 463 K ± 10 K (190 °C ± 10 °C) as measured at every separately controlled heated section, if the temperature of the exhaust gas at the sampling probe is equal to or below 463 K (190 °C);

| — | maintain a wall temperature greater than 453 K (180 °C), if the temperature of the exhaust gas at the sampling probe is above 463 K (190 °C); |
| --- | --- |

—

maintain a wall temperature greater than 453 K (180 °C), if the temperature of the exhaust gas at the sampling probe is above 463 K (190 °C);

| — | maintain a gas temperature of 463 K ± 10 K (190 °C ± 10 °C) immediately before the heated filter F2 and the HFID; |
| --- | --- |

—

maintain a gas temperature of 463 K ± 10 K (190 °C ± 10 °C) immediately before the heated filter F2 and the HFID;

HSL2 Heated NOx sampling line

The sampling line shall:

| — | maintain a wall temperature of 328 K to 473 K (55 °C to 200 °C), up to the converter C when using a cooling bath B, and up to the analyser when a cooling bath B is not used. |
| --- | --- |

—

maintain a wall temperature of 328 K to 473 K (55 °C to 200 °C), up to the converter C when using a cooling bath B, and up to the analyser when a cooling bath B is not used.

| — | be made of stainless steel or PTFE. |
| --- | --- |

—

be made of stainless steel or PTFE.

SL Sampling line for CO and CO2

The line shall be made of PTFE or stainless steel. It may be heated or unheated.

BK Background bag (optional; Figure 8 only)

For the sampling of the background concentrations.

BG Sample bag (optional; Figure 8 CO and CO2 only)

For the sampling of the sample concentrations.

F1 Heated pre-filter (optional)

The temperature shall be the same as HSL1.

F2 Heated filter

The filter shall extract any solid particles from the gas sample prior to the analyser. The temperature shall be the same as HSL1. The filter shall be changed as needed.

P Heated sampling pump

The pump shall be heated to the temperature of HSL1.

HC

Heated flame ionisation detector (HFID) for the determination of the hydrocarbons. The temperature shall be kept at 453 K to 473 K (180 °C to 200 °C).

CO, CO2

NDIR analysers for the determination of carbon monoxide and carbon dioxide (optional for the determination of the dilution ratio for PT measurement).

NO

CLD or HCLD analyser for the determination of the oxides of nitrogen. If a HCLD is used it shall be kept at a temperature of 328 K to 473 K (55 °C to 200 °C).

C Converter

A converter shall be used for the catalytic reduction of NO2 to NO prior to analysis in the CLD or HCLD.

B Cooling bath (optional)

To cool and condense water from the exhaust sample. The bath shall be maintained at a temperature of 273 K to 277 K (0 °C to 4 °C) by ice or refrigeration. It is optional if the analyser is free from water vapour interference as determined in Annex III, Appendix 5, sections 1.9.1 and 1.9.2. If water is removed by condensation, the sample gas temperature or dew point shall be monitored either within the water trap or downstream. The sample gas temperature or dew point must not exceed 280 K (7 °C). Chemical dryers are not allowed for removing water from the sample.

T1, T2, T3 Temperature sensor

To monitor the temperature of the gas stream.

T4 Temperature sensor

To monitor the temperature of the NO2-NO converter.

T5 Temperature sensor

To monitor the temperature of the cooling bath.

G1, G2, G3 Pressure gauge

To measure the pressure in the sampling lines.

R1, R2 Pressure regulator

To control the pressure of the air and the fuel, respectively, for the HFID.

R3, R4, R5 Pressure regulator

To control the pressure in the sampling lines and the flow to the analysers.

FL1, FL2, FL3 Flowmeter

To monitor the sample by-pass flow rate.

FL4 to FL6 Flowmeter (optional)

To monitor the flow rate through the analysers.

V1 to V5 Selector valve

Suitable valving for selecting sample, span gas or zero gas flow to the analysers.

V6, V7 Solenoid valve

To by-pass the NO2-NO converter.

V8 Needle valve

To balance the flow through the NO2-NO converter C and the by-pass.

V9, V10 Needle valve

To regulate the flows to the analysers.

V11, V12 Toggle valve (optional)

To drain the condensate from the bath B.

1.3.   NMHC Analysis (NG Fuelled Gas Engines Only)

1.3.1.   Gas Chromatographic Method (GC, Figure 9)

When using the GC method, a small measured volume of a sample is injected onto an analytical column through which it is swept by an inert carrier gas. The column separates various components according to their boiling points so that they elute from the column at different times. They then pass through a detector which gives an electrical signal that depends on their concentration. Since it is not a continuous analysis technique, it can only be used in conjunction with the bag sampling method as described in Annex III, Appendix 4, section 3.4.2.

For NMHC an automated GC with a FID shall be used. The exhaust gas shall be sampled into a sampling bag from which a part shall be taken and injected into the GC. The sample is separated into two parts (CH4/Air/CO and NMHC/CO2/H2O) on the Porapak column. The molecular sieve column separates CH4 from the air and CO before passing it to the FID where its concentration is measured. A complete cycle from injection of one sample to injection of a second can be made in 30 s. To determine NMHC, the CH4 concentration shall be subtracted from the total HC concentration (see Annex III, Appendix 2, section 4.3.1).

Figure 9 shows a typical GC assembled to routinely determine CH4. Other GC methods can also be used based on good engineering judgement.

Figure 9

Flow diagram for methane analysis (GC method)

Image

Components of Figure 9

PC Porapak column

Porapak N, 180/300 μm (50/80 mesh), 610 mm length × 2,16 mm ID shall be used and conditioned at least 12 h at 423 K (150 °C) with carrier gas prior to initial use.

MSC Molecular sieve column

Type 13X, 250/350 μm (45/60 mesh), 1 220 mm length × 2,16 mm ID shall be used and conditioned at least 12 h at 423 K (150 °C) with carrier gas prior to initial use.

OV Oven

To maintain columns and valves at stable temperature for analyser operation, and to condition the columns at 423 K (150 °C).

SLP Sample loop

A sufficient length of stainless steel tubing to obtain approximately 1 cm3 volume.

P Pump

To bring the sample to the gas chromatograph.

D Dryer

A dryer containing a molecular sieve shall be used to remove water and other contaminants which might be present in the carrier gas.

HC

Flame ionisation detector (FID) to measure the concentration of methane.

V1 Sample injection valve

To inject the sample taken from the sampling bag via SL of Figure 8. It shall be low dead volume, gas tight, and heatable to 423 K (150 °C).

V3 Selector valve

To select span gas, sample, or no flow.

V2, V4, V5, V6, V7, V8 Needle valve

To set the flows in the system.

R1, R2, R3 Pressure regulator

To control the flows of the fuel (= carrier gas), the sample, and the air, respectively.

FC Flow capillary

To control the rate of air flow to the FID

G1, G2, G3 Pressure gauge

To control the flows of the fuel (= carrier gas), the sample, and the air, respectively.

F1, F2, F3, F4, F5 Filter

Sintered metal filters to prevent grit from entering the pump or the instrument.

FL1

To measure the sample by-pass flow rate.

1.3.2.   Non-Methane Cutter Method (NMC, Figure 10)

The cutter oxidises all hydrocarbons except CH4 to CO2 and H2O, so that by passing the sample through the NMC only CH4 is detected by the FID. If bag sampling is used, a flow diverter system shall be installed at SL (see section 1.2, Figure 8) with which the flow can be alternatively passed through or around the cutter according to the upper part of Figure 10. For NMHC measurement, both values (HC and CH4) shall be observed on the FID and recorded. If the integration method is used, an NMC in line with a second FID shall be installed parallel to the regular FID into HSL1 (see section 1.2, Figure 8) according to the lower part of Figure 10. For NMHC measurement, the values of the two FID's (HC and CH4) shall be observed and recorded.

The cutter shall be characterised at or above 600 K (327 °C) prior to test work with respect to its catalytic effect on CH4 and C2H6 at H2O values representative of exhaust stream conditions. The dewpoint and O2 level of the sampled exhaust stream must be known. The relative response of the FID to CH4 must be recorded (see Annex III, Appendix 5, section 1.8.2).

Figure 10

Flow diagram for methane analysis with the non-methane cutter (NMC)

Image

Components of Figure 10

NMC Non-methane cutter

To oxidise all hydrocarbons except methane.

HC

Heated flame ionisation detector (HFID) to measure the HC and CH4 concentrations. The temperature shall be kept at 453 K to 473 K (180 °C to 200 °C).

V1 Selector valve

To select sample, zero and span gas. V1 is identical with V2 of Figure 8.

V2, V3 Solenoid valve

To by-pass the NMC.

V4 Needle valve

To balance the flow through the NMC and the by-pass.

R1 Pressure regulator

To control the pressure in the sampling line and the flow to the HFID. R1 is identical with R3 of Figure 8.

FL1 Flowmeter

To measure the sample by-pass flow rate. FL1 is identical with FL1 of Figure 8.

2.   EXHAUST GAS DILUTION AND DETERMINATION OF THE PARTICULATES

2.1.   Introduction

Sections 2.2, 2.3 and 2.4 and figures 11 to 22 contain detailed descriptions of the recommended dilution and sampling systems. Since various configurations can produce equivalent results, exact conformance with these figures is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the component systems. Other components which are not needed to maintain the accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgement.

2.2.   Partial Flow Dilution System

A dilution system is described in figures 11 to 19 based upon the dilution of a part of the exhaust stream. Splitting of the exhaust stream and the following dilution process may be done by different dilution system types. For subsequent collection of the particulates, the entire dilute exhaust gas or only a portion of the dilute exhaust gas is passed to the particulate sampling system (section 2.4, Figure 21). The first method is referred to as total sampling type, the second method as fractional sampling type.

The calculation of the dilution ratio depends upon the type of system used. The following types are recommended:

Isokinetic systems (Figures 11, 12)

With these systems, the flow into the transfer tube is matched to the bulk exhaust flow in terms of gas velocity and/or pressure, thus requiring an undisturbed and uniform exhaust flow at the sampling probe. This is usually achieved by using a resonator and a straight approach tube upstream of the sampling point. The split ratio is then calculated from easily measurable values like tube diameters. It should be noted that isokinesis is only used for matching the flow conditions and not for matching the size distribution. The latter is typically not necessary, as the particles are sufficiently small as to follow the fluid streamlines.

Flow controlled systems with concentration measurement (Figures 13 to 17)

With these systems, a sample is taken from the bulk exhaust stream by adjusting the dilution air flow and the total dilute exhaust flow. The dilution ratio is determined from the concentrations of tracer gases, such as CO2 or NOx naturally occurring in the engine exhaust. The concentrations in the dilute exhaust gas and in the dilution air are measured, whereas the concentration in the raw exhaust gas can be either measured directly or determined from fuel flow and the carbon balance equation, if the fuel composition is known. The systems may be controlled by the calculated dilution ratio (Figures 13, 14) or by the flow into the transfer tube (Figures 12, 13, 14).

Flow controlled systems with flow measurement (Figures 18, 19)

With these systems, a sample is taken from the bulk exhaust stream by setting the dilution air flow and the total dilute exhaust flow. The dilution ratio is determined from the difference of the two flows rates. Accurate calibration of the flow meters relative to one another is required, since the relative magnitude of the two flow rates can lead to significant errors at higher dilution ratios (of 15 and above). Flow control is very straight forward by keeping the dilute exhaust flow rate constant and varying the dilution air flow rate, if needed.

When using partial flow dilution systems, attention must be paid to avoiding the potential problems of loss of particulates in the transfer tube, ensuring that a representative sample is taken from the engine exhaust, and determination of the split ratio. The systems described pay attention to these critical areas.

Figure 11

Partial flow dilution system with isokinetic probe and fractional sampling (SB control)

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the transfer tube TT by the isokinetic sampling probe ISP. The differential pressure of the exhaust gas between exhaust pipe and inlet to the probe is measured with the pressure transducer DPT. This signal is transmitted to the flow controller FC1 that controls the suction blower SB to maintain a differential pressure of zero at the tip of the probe. Under these conditions, exhaust gas velocities in EP and ISP are identical, and the flow through ISP and TT is a constant fraction (split) of the exhaust gas flow. The split ratio is determined from the cross sectional areas of EP and ISP. The dilution air flow rate is measured with the flow measurement device FM1. The dilution ratio is calculated from the dilution air flow rate and the split ratio.

Figure 12

Partial flow dilution system with isokinetic probe and fractional sampling (PB control)

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the transfer tube TT by the isokinetic sampling probe ISP. The differential pressure of the exhaust gas between exhaust pipe and inlet to the probe is measured with the pressure transducer DPT. This signal is transmitted to the flow controller FC1 that controls the pressure blower PB to maintain a differential pressure of zero at the tip of the probe. This is done by taking a small fraction of the dilution air whose flow rate has already been measured with the flow measurement device FM1, and feeding it to TT by means of a pneumatic orifice. Under these conditions, exhaust gas velocities in EP and ISP are identical, and the flow through ISP and TT is a constant fraction (split) of the exhaust gas flow. The split ratio is determined from the cross sectional areas of EP and ISP. The dilution air is sucked through DT by the suction blower SB, and the flow rate is measured with FM1 at the inlet to DT. The dilution ratio is calculated from the dilution air flow rate and the split ratio.

Figure 13

Partial flow dilution system with CO2 or NOx concentration measurement and fractional sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The concentrations of a tracer gas (CO2 or NOx) are measured in the raw and diluted exhaust gas as well as in the dilution air with the exhaust gas analyser(s) EGA. These signals are transmitted to the flow controller FC2 that controls either the pressure blower PB or the suction blower SB to maintain the desired exhaust split and dilution ratio in DT. The dilution ratio is calculated from the tracer gas concentrations in the raw exhaust gas, the diluted exhaust gas, and the dilution air.

Figure 14

Partial flow dilution system with CO2 concentration measurement, carbon balance and total sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The CO2 concentrations are measured in the diluted exhaust gas and in the dilution air with the exhaust gas analyser(s) EGA. The CO2 and fuel flow GFUEL signals are transmitted either to the flow controller FC2, or to the flow controller FC3 of the particulate sampling system (see Figure 21). FC2 controls the pressure blower PB, FC3 the sampling pump P (see Figure 21), thereby adjusting the flows into and out of the system so as to maintain the desired exhaust split and dilution ratio in DT. The dilution ratio is calculated from the CO2 concentrations and GFUEL using the carbon balance assumption.

Figure 15

Partial flow dilution system with single venturi, concentration measurement and fractional sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT due to the negative pressure created by the venturi VN in DT. The gas flow rate through TT depends on the momentum exchange at the venturi zone, and is therefore affected by the absolute temperature of the gas at the exit of TT. Consequently, the exhaust split for a given tunnel flow rate is not constant, and the dilution ratio at low load is slightly lower than at high load. The tracer gas concentrations (CO2 or NOx) are measured in the raw exhaust gas, the diluted exhaust gas, and the dilution air with the exhaust gas analyser(s) EGA, and the dilution ratio is calculated from the values so measured.

Figure 16

Partial flow dilution system with twin venturi or twin orifice, concentration measurement and fractional sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT by a flow divider that contains a set of orifices or venturis. The first one (FD1) is located in EP, the second one (FD2) in TT. Additionally, two pressure control valves (PCV1 and PCV2) are necessary to maintain a constant exhaust split by controlling the backpressure in EP and the pressure in DT. PCV1 is located downstream of SP in EP, PCV2 between the pressure blower PB and DT. The tracer gas concentrations (CO2 or NOx) are measured in the raw exhaust gas, the diluted exhaust gas, and the dilution air with the exhaust gas analyser(s) EGA. They are necessary for checking the exhaust split, and may be used to adjust PCV1 and PCV2 for precise split control. The dilution ratio is calculated from the tracer gas concentrations.

Figure 17

Partial flow dilution system with multiple tube splitting, concentration measurement and fractional sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the transfer tube TT by the flow divider FD3 that consists of a number of tubes of the same dimensions (same diameter, length and bend radius) installed in EP. The exhaust gas through one of these tubes is lead to DT, and the exhaust gas through the rest of the tubes is passed through the damping chamber DC. Thus, the exhaust split is determined by the total number of tubes. A constant split control requires a differential pressure of zero between DC and the outlet of TT, which is measured with the differential pressure transducer DPT. A differential pressure of zero is achieved by injecting fresh air into DT at the outlet of TT. The tracer gas concentrations (CO2 or NOx) are measured in the raw exhaust gas, the diluted exhaust gas, and the dilution air with the exhaust gas analyser(s) EGA. They are necessary for checking the exhaust split and may be used to control the injection air flow rate for precise split control. The dilution ratio is calculated from the tracer gas concentrations.

Figure 18

Partial flow dilution system with flow control and total sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The total flow through the tunnel is adjusted with the flow controller FC3 and the sampling pump P of the particulate sampling system (see Figure 18). The dilution air flow is controlled by the flow controller FC2, which may use GEXHW, GAIRW, or GFUEL as command signals, for the desired exhaust split. The sample flow into DT is the difference of the total flow and the dilution air flow. The dilution air flow rate is measured with the flow measurement device FM1, the total flow rate with the flow measurement device FM3 of the particulate sampling system (see Figure 21). The dilution ratio is calculated from these two flow rates.

Figure 19

Partial flow dilution system with flow control and fractional sampling

Image

Raw exhaust gas is transferred from the exhaust pipe EP to the dilution tunnel DT through the sampling probe SP and the transfer tube TT. The exhaust split and the flow into DT is controlled by the flow controller FC2 that adjusts the flows (or speeds) of the pressure blower PB and the suction blower SB, accordingly. This is possible since the sample taken with the particulate sampling system is returned into DT. GEXHW, GAIRW, or GFUEL may be used as command signals for FC2. The dilution air flow rate is measured with the flow measurement device FM1, the total flow with the flow measurement device FM2. The dilution ratio is calculated from these two flow rates.

2.2.1.   Components of Figures 11 to 19

EP Exhaust pipe

The exhaust pipe may be insulated. To reduce the thermal inertia of the exhaust pipe a thickness to diameter ratio of 0,015 or less is recommended. The use of flexible sections shall be limited to a length to diameter ratio of 12 or less. Bends shall be minimised to reduce inertial deposition. If the system includes a test bed silencer the silencer may also be insulated.

For an isokinetic system, the exhaust pipe must be free of elbows, bends and sudden diameter changes for at least 6 pipe diameters upstream and 3 pipe diameters downstream of the tip of the probe. The gas velocity at the sampling zone must be higher than 10 m/s except at idle mode. Pressure oscillations of the exhaust gas must not exceed ± 500 Pa on the average. Any steps to reduce pressure oscillations beyond using a chassis-type exhaust system (including silencer and aftertreatment devices) must not alter engine performance nor cause the deposition of particulates.

For systems without isokinetic probe, it is recommended to have a straight pipe of 6 pipe diameters upstream and 3 pipe diameters downstream of the tip of the probe.

SP Sampling probe (Figures 10, 14, 15, 16, 18, 19)

The minimum inside diameter shall be 4 mm. The minimum diameter ratio between exhaust pipe and probe shall be 4. The probe shall be an open tube facing upstream on the exhaust pipe centreline, or a multiple hole probe as described under SP1 in section 1.2.1, Figure 5.

ISP Isokinetic sampling probe (Figures 11, 12)

The isokinetic sampling probe must be installed facing upstream on the exhaust pipe centreline where the flow conditions in section EP are met, and designed to provide a proportional sample of the raw exhaust gas. The minimum inside diameter shall be 12 mm.

A control system is necessary for isokinetic exhaust splitting by maintaining a differential pressure of zero between EP and ISP. Under these conditions exhaust gas velocities in EP and ISP are identical and the mass flow through ISP is a constant fraction of the exhaust gas flow. ISP has to be connected to a differential pressure transducer DPT. The control to provide a differential pressure of zero between EP and ISP is done with the flow controller FC1.

FD1, FD2 Flow divider (Figure 16)

A set of venturis or orifices is installed in the exhaust pipe EP and in the transfer tube TT, respectively, to provide a proportional sample of the raw exhaust gas. A control system consisting of two pressure control valves PCV1 and PCV2 is necessary for proportional splitting by controlling the pressures in EP and DT.

FD3 Flow divider (Figure 17)

A set of tubes (multiple tube unit) is installed in the exhaust pipe EP to provide a proportional sample of the raw exhaust gas. One of the tubes feeds exhaust gas to the dilution tunnel DT, whereas the other tubes exit exhaust gas to a damping chamber DC. The tubes must have the same dimensions (same diameter, length, bend radius), so that the exhaust split depends on the total number of tubes. A control system is necessary for proportional splitting by maintaining a differential pressure of zero between the exit of the multiple tube unit into DC and the exit of TT. Under these conditions, exhaust gas velocities in EP and FD3 are proportional, and the flow TT is a constant fraction of the exhaust gas flow. The two points have to be connected to a differential pressure transducer DPT. The control to provide a differential pressure of zero is done with the flow controller FC1.

EGA Exhaust gas analyser (Figures 13, 14, 15, 16, 17)

CO2 or NOx analysers may be used (with carbon balance method CO2 only). The analysers shall be calibrated like the analysers for the measurement of the gaseous emissions. One or several analysers may be used to determine the concentration differences. The accuracy of the measuring systems has to be such that the accuracy of GEDFW,i is within ± 4 %.

TT Transfer tube (Figures 11 to 19)

The transfer tube shall be:

| — | as short as possible, but not more than 5 m in length, |
| --- | --- |

—

as short as possible, but not more than 5 m in length,

| — | equal to or greater than the probe diameter, but not more than 25 mm in diameter, |
| --- | --- |

—

equal to or greater than the probe diameter, but not more than 25 mm in diameter,

| — | exiting on the centreline of the dilution tunnel and pointing downstream. |
| --- | --- |

—

exiting on the centreline of the dilution tunnel and pointing downstream.

If the tube is 1 meter or less in length, it shall be insulated with material with a maximum thermal conductivity of 0,05 W/m × K with a radial insulation thickness corresponding to the diameter of the probe. If the tube is longer than 1 meter, it must be insulated and heated to a minimum wall temperature of 523 K (250 °C).

DPT Differential pressure transducer (Figures 11, 12, 17)

The differential pressure transducer shall have a range of ± 500 Pa or less.

FC1 Flow controller (Figures 11, 12, 17)

For isokinetic systems (Figures 11,12), a flow controller is necessary to maintain a differential pressure of zero between EP and ISP. The adjustment can be done by:

| (a) | controlling the speed or flow of the suction blower SB and keeping the speed or flow of the pressure blower PB constant during each mode (Figure 11); |
| --- | --- |

(a)

controlling the speed or flow of the suction blower SB and keeping the speed or flow of the pressure blower PB constant during each mode (Figure 11);

or

| (b) | adjusting the suction blower SB to a constant mass flow of the diluted exhaust gas and controlling the flow of the pressure blower PB, and therefore the exhaust sample flow in a region at the end of the transfer tube TT (Figure 12). |
| --- | --- |

(b)

adjusting the suction blower SB to a constant mass flow of the diluted exhaust gas and controlling the flow of the pressure blower PB, and therefore the exhaust sample flow in a region at the end of the transfer tube TT (Figure 12).

In the case of a pressure controlled system the remaining error in the control loop must not exceed ± 3 Pa. The pressure oscillations in the dilution tunnel must not exceed ± 250 Pa on the average.

For a multi tube system (Figure 17), a flow controller is necessary for proportional exhaust splitting to maintain a differential pressure of zero between the exit of the multi tube unit and the exit of TT. The adjustment is done by controlling the injection air flow rate into DT at the exit of TT.

PCV1, PCV2 Pressure control valve (Figure 16)

Two pressure control valves are necessary for the twin venturi/twin orifice system for proportional flow splitting by controlling the backpressure of EP and the pressure in DT. The valves shall be located downstream of SP in EP and between PB and DT.

DC Damping chamber (Figure 17)

A damping chamber shall be installed at the exit of the multiple tube unit to minimise the pressure oscillations in the exhaust pipe EP.

VN Venturi (Figure 15)

A venturi is installed in the dilution tunnel DT to create a negative pressure in the region of the exit of the transfer tube TT. The gas flow rate through TT is determined by the momentum exchange at the venturi zone, and is basically proportional to the flow rate of the pressure blower PB leading to a constant dilution ratio. Since the momentum exchange is affected by the temperature at the exit of TT and the pressure difference between EP and DT, the actual dilution ratio is slightly lower at low load than at high load.

FC2 Flow controller (Figures 13, 14, 18, 19, optional)

A flow controller may be used to control the flow of the pressure blower PB and/or the suction blower SB. It may be connected to the exhaust, intake air, or fuel flow signals and/or to the CO2 or NOx differential signals.

When using a pressurised air supply (Figure 18), FC2 directly controls the air flow.

FM1 Flow measurement device (Figures 11, 12, 18, 19)

Gas meter or other flow instrumentation to measure the dilution air flow. FM1 is optional if the pressure blower PB is calibrated to measure the flow.

FM2 Flow measurement device (Figure 19)

Gas meter or other flow instrumentation to measure the diluted exhaust gas flow. FM2 is optional if the suction blower SB is calibrated to measure the flow.

PB Pressures blower (Figures 11, 12, 13, 14, 15, 16, 19)

To control the dilution air flow rate, PB may be connected to the flow controllers FC1 or FC2. PB is not required when using a butterfly valve. PB may be used to to measure the dilution air flow, if calibrated.

SB Suction blower (Figures 11, 12, 13, 16, 17, 19)

For fractional sampling systems only. SB may be used to measure the diluted exhaust gas flow, if calibrated.

DAF Dilution air filter (Figures 11 to 19)

It is recommended that the dilution air be filtered and charcoal scrubbed to eliminate background hydrocarbons. At the engine manufacturers request the dilution air shall be sampled according to good engineering practice to determine the background particulate levels, which can then be subtracted from the values measured in the diluted exhaust.

DT Dilution tunnel (Figures 11 to 19)

The dilution tunnel:

| — | shall be of a sufficient length to cause complete mixing of the exhaust and dilution air under turbulent flow conditions; |
| --- | --- |

—

shall be of a sufficient length to cause complete mixing of the exhaust and dilution air under turbulent flow conditions;

| — | shall be constructed of stainless steel with:






  — | thickness/diamter ratio of 0,025 or less for dilution tunnels with inside diameters greater than 75 mm; |
| --- | --- | --- |

—

shall be constructed of stainless steel with:

—

thickness/diamter ratio of 0,025 or less for dilution tunnels with inside diameters greater than 75 mm;

| — | a nominal thickness of no less then 1,5 mm for dilution tunnels with inside diameters of equal to or less than 75 mm; |
| --- | --- |

—

a nominal thickness of no less then 1,5 mm for dilution tunnels with inside diameters of equal to or less than 75 mm;

| — | shall be at least 75 mm in diameter for the fractional sampling type; |
| --- | --- |

—

shall be at least 75 mm in diameter for the fractional sampling type;

| — | is recommended to be at least 25 mm in diameter for the total sampling type; |
| --- | --- |

—

is recommended to be at least 25 mm in diameter for the total sampling type;

| — | may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel; |
| --- | --- |

—

may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

| — | may be insulated. |
| --- | --- |

—

may be insulated.

The engine exhaust shall be thoroughly mixed with the dilution air. For fractional sampling systems, the mixing quality shall be checked after introduction into service by means of a CO2 -profile of the tunnel with the engine running (at least four equally spaced measuring points). If necessary, a mixing orifice may be used.

Note: If the ambient temperature in the vicinity of the dilution tunnel (DT) is below 293 K (20 °C), precautions should be taken to avoid particle losses onto the cool walls of the dilution tunnel. Therefore, heating and/or insulating the tunnel within the limits given above is recommended.

At high engine loads, the tunnel may be cooled by a non-aggressive means such as a circulating fan, as long as the temperature of the cooling medium is not below 293 K (20 °C).

HE Heat exchanger (Figures 16, 17)

The heat exchanger shall be of sufficient capacity to maintain the temperature at the inlet to the suction blower SB within ± 11K of the average operating temperature observed during the test.

2.3   Full flow dilution system

A dilution system is described in Figure 20 based upon the dilution of the total exhaust using the CVS (Constant Volume Sampling) concept. The total volume of the mixture of exhaust and dilution air must be measured. Either a PDP or a CFV system may be used.

For subsequent collection of the particulates, a sample of the dilute exhaust gas is passed to the particulate sampling system (section 2.4, figures 21 and 22). If this is done directly, it is referred to as single dilution. If the sample is diluted once more in the secondary dilution tunnel, it is referred to as double dilution. This is useful, if the filter face temperature requirement cannot be met with single dilution. Although partly a dilution system, the double dilution system is described as a modification of a particulate sampling system in section 2.4, Figure 22, since it shares most of the parts with a typical particulate sampling system.

Figure 20

Full flow dilution system

— to background filter

Image

The total amount of raw exhaust gas is mixed in the dilution tunnel DT with the dilution air. The diluted exhaust gas flow rate is measured either with a Positive Displacement Pump PDP or with a Critical Flow Venturi CFV. A heat exchanger HE or electronic flow compensation EFC may be used for proportional particulate sampling and for flow determination. Since particulate mass determination is based on the total diluted exhaust gas flow, the dilution ratio is not required to be calculated.

2.3.1.   Components of Figure 20

EP Exhaust pipe

The exhaust pipe length from the exit of the engine exhaust manifold, turbocharger outlet or aftertreatment device to the dilution tunnel shall not exceed 10 m. If the exhaust pipe downstream of the engine exhaust manifold, turbocharger outlet or aftertreatment device exceeds 4 m in length, then all tubing in excess of 4 m shall be insulated, except for an in-line smokemeter, if used. The radial thickness of the insulation must be at least 25 mm. The thermal conductivity of the insulating material must have a value no greater than 0,1 W/(m × K) measured at 673 K. To reduce the thermal inertia of the exhaust pipe a thickness to diameter ratio of 0,015 or less is recommended. The use of flexible sections shall be limited to a length to diameter ratio of 12 or less.

PDP Positive displacement pump

The PDP meters total diluted exhaust flow from the number of the pump revolutions and the pump displacement. The exhaust system backpressure must not be artificially lowered by the PDP or dilution air inlet system. Static exhaust backpressure measured with the PDP system operating shall remain within ± 1,5 kPa of the static pressure measured without connection to the PDP at identical engine speed and load. The gas mixture temperature immediately ahead of the PDP shall be within ± 6 K of the average operating temperature observed during the test, when no flow compensation is used. Flow compensation may only be used if the temperature at the inlet to the PDP does not exceed 323 K (50 °C).

CFV Critical Flow Venturi

CFV measures total diluted exhaust flow by maintaining the flow at choked conditions (critical flow). Static exhaust backpressure measured with the CFV system operating shall remain within ± 1,5 kPa of the static pressure measured without connection to the CFV at identical engine speed and load. The gas mixture temperature immediately ahead of the CFV shall be within ± 11 K of the average operating temperature observed during the test, when no flow compensation is used.

HE Heat exchanger (optional, if EFC is used)

The heat exchanger shall be of sufficient capacity to maintain the temperature within the limits required above..

EFC Electronic flow compensation (optional, if HE is used)

If the temperature at the inlet to either the PDP or CFV is not kept within the limits stated above, a flow compensation system is required for continuous measurement of the flow rate and control of the proportional sampling in the particulate system. To that purpose, the continuously measured flow rate signals are used to correct the sample flow rate through the particulate filters of the particulate sampling system (see section 2.4, figures 21, 22), accordingly.

DT Dilution tunnel

The dilution tunnel:

| — | shall be small enough in diameter to cause turbulent flow (Reynolds Number greater than 4 000) and of sufficient length to cause complete mixing of the exhaust and dilution air; a mixing orifice may be used; |
| --- | --- |

—

shall be small enough in diameter to cause turbulent flow (Reynolds Number greater than 4 000) and of sufficient length to cause complete mixing of the exhaust and dilution air; a mixing orifice may be used;

| — | shall be at least 460 mm in diameter with a single dilution system; |
| --- | --- |

—

shall be at least 460 mm in diameter with a single dilution system;

| — | shall be at least 210 mm in diameter with a double dilution system; |
| --- | --- |

—

shall be at least 210 mm in diameter with a double dilution system;

| — | may be insulated. |
| --- | --- |

—

may be insulated.

The engine exhaust shall be directed downstream at the point where it is introduced into the dilution tunnel, and thoroughly mixed.

When using single dilution, a sample from the dilution tunnel is transferred to the particulate sampling system (section 2.4, Figure 21). The flow capacity of the PDP or CFV must be sufficient to maintain the diluted exhaust at a temperature of less than or equal to 325 K (52 °C) immediately before the primary particulate filter.

When using double dilution, a sample from the dilution tunnel is transferred to the secondary dilution tunnel where it is further diluted, and then passed through the sampling filters (section 2.4, Figure 22). The flow capacity of the PDP or CFV must be sufficient to maintain the diluted exhaust stream in the DT at a temperature of less than or equal to 464 K (191 °C) at the sampling zone. The secondary dilution system must provide sufficient secondary dilution air to maintain the doubly-diluted exhaust stream at a temperature of less than or equal to 325 K (52 °C) immediately before the primary particulate filter.

DAF Dilution air filter

It is recommended that the dilution air be filtered and charcoal scrubbed to eliminate background hydrocarbons. At the engine manufacturers request the dilution air shall be sampled according to good engineering practice to determine the background particulate levels, which can then be subtracted from the values measured in the diluted exhaust.

PSP Particulate sampling probe

The probe is the leading section of PTT and:

| — | shall be installed facing upstream at a point where the dilution air and exhaust gas are well mixed, i.e. on the dilution tunnel (DT) centreline approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel; |
| --- | --- |

—

shall be installed facing upstream at a point where the dilution air and exhaust gas are well mixed, i.e. on the dilution tunnel (DT) centreline approximately 10 tunnel diameters downstream of the point where the exhaust enters the dilution tunnel;

| — | shall be of 12 mm minimum inside diameter; |
| --- | --- |

—

shall be of 12 mm minimum inside diameter;

| — | may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel; |
| --- | --- |

—

may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

| — | may be insulated. |
| --- | --- |

—

may be insulated.

2.4.   Particulate Sampling System

The particulate sampling system is required for collecting the particulates on the particulate filter. In the case of total sampling partial flow dilution, which consists of passing the entire diluted exhaust sample through the filters, dilution (section 2.2, figures 14, 18) and sampling system usually form an integral unit. In the case of fractional sampling partial flow dilution or full flow dilution, which consists of passing through the filters only a portion of the diluted exhaust, the dilution (section 2.2, figures 11, 12, 13, 15, 16, 17, 19; section 2.3, Figure 20) and sampling systems usually form different units.

In this Directive, the double dilution system (Figure 22) of a full flow dilution system is considered as a specific modification of a typical particulate sampling system as shown in Figure 21. The double dilution system includes all important parts of the particulate sampling system, like filter holders and sampling pump, and additionally.

In order to avoid any impact on the control loops, it is recommended that the sample pump be running throughout the complete test procedure. For the single filter method, a bypass system shall be used for passing the sample through the sampling filters at the desired times. Interference of the switching procedure on the control loops must be minimised.

Figure 21

Particulate sampling system

Image

A sample of the diluted exhaust gas is taken from the dilution tunnel DT of a partial flow or full flow dilution system through the particulate sampling probe PSP and the particulate transfer tube PTT by means of the sampling pump P. The sample is passed through the filter holder(s) FH that contain the particulate sampling filters. The sample flow rate is controlled by the flow controller FC3. If electronic flow compensation EFC (see Figure 20) is used, the diluted exhaust gas flow is used as command signal for FC3.

Figure 22

Double dilution system (full flow system only)

Image

A sample of the diluted exhaust gas is transferred from the dilution tunnel DT of a full flow dilution system through the particulate sampling probe PSP and the particulate transfer tube PTT to the secondary dilution tunnel SDT, where it is diluted once more. The sample is then passed through the filter holder(s) FH that contain the particulate sampling filters. The dilution air flow rate is usually constant whereas the sample flow rate is controlled by the flow controller FC3. If electronic flow compensation EFC (see Figure 20) is used, the total diluted exhaust gas flow is used as command signal for FC3.

2.4.1.   Components of figures 21 and 22

PTT Particulate transfer tube (Figures 21, 22)

The particulate transfer tube must not exceed 1 020 mm in length, and must be minimised in length whenever possible. Where applicable (i.e. for partial flow dilution fractional sampling systems and for full flow dilution systems), the length of the sampling probes (SP, ISP, PSP, respectively, see sections 2.2 and 2.3) shall be included.

The dimensions are valid for:

| — | the partial flow dilution fractional sampling type and the full flow single dilution system from the tip of the probe (SP, ISP, PSP, respectively) to the filter holder; |
| --- | --- |

—

the partial flow dilution fractional sampling type and the full flow single dilution system from the tip of the probe (SP, ISP, PSP, respectively) to the filter holder;

| — | the partial flow dilution total sampling type from the end of the dilution tunnel to the filter holder; |
| --- | --- |

—

the partial flow dilution total sampling type from the end of the dilution tunnel to the filter holder;

| — | the full flow double dilution system from the tip of the probe (PSP) to the secondary dilution tunnel. |
| --- | --- |

—

the full flow double dilution system from the tip of the probe (PSP) to the secondary dilution tunnel.

The transfer tube:

| — | may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel; |
| --- | --- |

—

may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

| — | may be insulated. |
| --- | --- |

—

may be insulated.

SDT Secondary dilution tunnel (Figure 22)

The secondary dilution tunnel should have a minimum diameter of 75 mm, and should be of sufficient length so as to provide a residence time of at least 0,25 seconds for the doubly-diluted sample. The primary filter holder FH shall be located within 300 mm of the exit of the SDT.

The secondary dilution tunnel:

| — | may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel; |
| --- | --- |

—

may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

| — | may be insulated. |
| --- | --- |

—

may be insulated.

FH Filter holder(s) (Figures 21, 22)

For primary and back-up filters one filter housing or separate filter housings may be used. The requirements of Annex III, Appendix 4, section 4.1.3 shall be met.

The filter holder(s):

| — | may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel; |
| --- | --- |

—

may be heated to no greater than 325 K (52 °C) wall temperature by direct heating or by dilution air pre-heating, provided the air temperature does not exceed 325 K (52 °C) prior to the introduction of the exhaust in the dilution tunnel;

| — | may be insulated. |
| --- | --- |

—

may be insulated.

P Sampling pump (Figures 21, 22)

The particulate sampling pump shall be located sufficiently distant from the tunnel so that the inlet gas temperature is maintained constant (± 3 K), if flow correction by FC3 is not used.

DP Dilution air pump (Figure 22)

The dilution air pump shall be located so that the secondary dilution air is supplied at a temperature of 298 K ± 5 K (25 °C ± 5 °C), if the dilution air is not preheated.

FC3 Flow controller (Figures 21, 22)

A flow controller shall be used to compensate the particulate sample flow rate for temperature and backpressure variations in the sample path, if no other means are available. The flow controller is required if electronic flow compensation EFC (see Figure 20) is used.

FM3 Flow measurement device (Figures 21, 22)

The gas meter or flow instrumentation for the particulate sample flow shall be located sufficiently distant from the sampling pump P so that the inlet gas temperature remains constant (± 3 K), if flow correction by FC3 is not used.

FM4 Flow measurement device (Figure 22)

The gas meter or flow instrumentation for the dilution air flow shall be located so that the inlet gas temperature remains at 298 K ± 5 K (25 °C ± 5 °C).

BV Ball valve (optional)

The ball valve shall have an inside diameter not less than the inside diameter of the particulate transfer tube PTT, and a switching time of less than 0,5 seconds.

Note: If the ambient temperature in the vicinity of PSP, PTT, SDT, and FH is below 293K (20 °C), precautions should be taken to avoid particle losses onto the cool wall of these parts. Therefore, heating and/or insulating these parts within the limits given in the respective descriptions is recommended. It is also recommended that the filter face temperature during sampling be not below 293K (20 °C).

At high engine loads, the above parts may be cooled by a non-aggressive means such as a circulating fan, as long as the temperature of the cooling medium is not below 293K (20 °C).

3.   DETERMINATION OF SMOKE

3.1.   Introduction

Sections 3.2 and 3.3 and figures 23 and 24 contain detailed descriptions of the recommended opacimeter systems. Since various configurations can produce equivalent results, exact conformance with figures 23 and 24 is not required. Additional components such as instruments, valves, solenoids, pumps, and switches may be used to provide additional information and coordinate the functions of the component systems. Other components which are not needed to maintain the accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgement.

The principle of measurement is that light is transmitted through a specific length of the smoke to be measured and that proportion of the incident light which reaches a receiver is used to assess the light obscuration properties of the medium. The smoke measurement depends upon the design of the apparatus, and may be done in the exhaust pipe (full flow in-line opacimeter), at the end of the exhaust pipe (full flow end-of-line opacimeter) or by taking a sample from the exhaust pipe (partial flow opacimeter). For the determination of the light absorption coefficient from the opacity signal, the optical path length of the instrument shall be supplied by the instrument manufacturer.

3.2.   Full Flow Opacimeter

Two general types of full flow opacimeters may be used (Figure 23). With the in-line opacimeter, the opacity of the full exhaust plume within the exhaust pipe is measured. With this type of opacimeter, the effective optical path length is a function of the opacimeter design.

With the end-of-line opacimeter, the opacity of the full exhaust plume is measured as it exits the exhaust pipe. With this type of opacimeter, the effective optical path length is a function of the exhaust pipe design and the distance between the end of the exhaust pipe and the opacimeter.

Figure 23

Full flow opacimeter

Image

3.2.1.   Components of Figure 23

EP Exhaust Pipe

With an in-line opacimeter, there shall be no change in the exhaust pipe diameter within 3 exhaust pipe diameters before or after the measuring zone. If the diameter of the measuring zone is greater than the diameter of the exhaust pipe, a pipe gradually convergent before the measuring zone is recommended.

With an end-of-line opacimeter, the terminal 0,6 m of the exhaust pipe shall be of circular cross section and be free from elbows and bends. The end of the exhaust pipe shall be cut off squarely. The opacimeter shall be mounted centrally to the plume within 25 ± 5 mm of the end of the exhaust pipe.

OPL Optical Path Length

The length of the smoke obscured optical path between the opacimeter light source and the receiver, corrected as necessary for non-uniformity due to density gradients and fringe effect. The optical path length shall be submitted by the instrument manufacturer taking into account any measures against sooting (e.g. purge air). If the optical path length is not available, it shall be determined in accordance with ISO IDS 11614, section 11.6.5. For the correct determination of the optical path length, a minimum exhaust gas velocity of 20 m/s is required.

LS Light source

The light source shall be an incandescent lamp with a colour temperature in the range of 2 800 to 3 250 K or a green light emitting diode (LED) with a spectral peak between 550 and 570 nm. The light source shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

LD Light detector

The detector shall be a photocell or a photodiode (with a filter, if necessary). In the case of an incandescent light source, the receiver shall have a peak spectral response similar to the phototopic curve of the human eye (maximum response) in the range of 550 to 570 nm, to less than 4 % of that maximum response below 430 nm and above 680 nm. The light detector shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

CL Collimating lens

The light output shall be collimated to a beam with a maximum diameter of 30 mm. The rays of the light beam shall be parallel within a tolerance of 3° of the optical axis.

T1 Temperature sensor (optional)

The exhaust gas temperature may be monitored over the test.

3.3.   Partial Flow Opacimeter

With the partial flow opacimeter (Figure 24), a representative exhaust sample is taken from the exhaust pipe and passed through a transfer line to the measuring chamber. With this type of opacimeter, the effective optical path length is a function of the opacimeter design. The response times referred to in the following section apply to the minimum flow rate of the opacimeter, as specified by the instrument manufacturer.

Figure 24

Partial flow opacimeter

Image

3.3.1.   Components of Figure 24

EP Exhaust Pipe

The exhaust pipe shall be a straight pipe of at least 6 pipe diameters upstream and 3 pipe diameters downstream of the tip of the probe.

SP Sampling probe

The sampling probe shall be an open tube facing upstream on or about the exhaust pipe centreline. The clearance with the wall of the tailpipe shall be at least 5 mm. The probe diameter shall ensure a representative sampling and a sufficient flow through the opacimeter.

TT Transfer tube

The transfer tube shall:

| — | Be as short as possible and ensure an exhaust gas temperature of 373 ± 30 K (100 °C ± 30 °C) at the entrance to the measuring chamber. |
| --- | --- |

—

Be as short as possible and ensure an exhaust gas temperature of 373 ± 30 K (100 °C ± 30 °C) at the entrance to the measuring chamber.

| — | Have a wall temperature sufficiently above the dew point of the exhaust gas to prevent condensation. |
| --- | --- |

—

Have a wall temperature sufficiently above the dew point of the exhaust gas to prevent condensation.

| — | Be equal to the diameter of the sampling probe over the entire length. |
| --- | --- |

—

Be equal to the diameter of the sampling probe over the entire length.

| — | Have a response time of less than 0,05 s at minimum instrument flow, as determined according to Annex III, Appendix 4, section 5.2.4. |
| --- | --- |

—

Have a response time of less than 0,05 s at minimum instrument flow, as determined according to Annex III, Appendix 4, section 5.2.4.

| — | Have no significant effect on the smoke peak. |
| --- | --- |

—

Have no significant effect on the smoke peak.

FM Flow measurement device

Flow instrumentation to detect the correct flow into the measuring chamber. The minimum and maximum flow rates shall be specified by the instrument manufacturer, and shall be such that the response time requirement of TT and the optical path length specifications are met. The flow measurement device may be close to the sampling pump, P, if used.

MC Measuring chamber

The measuring chamber shall have a non-reflective internal surface, or equivalent optical environment. The impingement of stray light on the detector due to internal reflections of diffusion effects shall be reduced to a minimum.

The pressure of the gas in the measuring chamber shall not differ from the atmospheric pressure by more than 0,75 kPa. Where this is not possible by design, the opacimeter reading shall be converted to atmospheric pressure.

The wall temperature of the measuring chamber shall be set to within ± 5 K between 343 K (70 °C) and 373 K (100 °C), but in any case sufficiently above the dew point of the exhaust gas to prevent condensation. The measuring chamber shall be equipped with appropriate devices for measuring the temperature.

OPL Optical Path Length

The length of the smoke obscured optical path between the opacimeter light source and the receiver, corrected as necessary for non-uniformity due to density gradients and fringe effect. The optical path length shall be submitted by the instrument manufacturer taking into account any measures against sooting (e.g. purge air). If the optical path length is not available, it shall be determined in accordance with ISO IDS 11614, section 11.6.5.

LS Light source

The light source shall be an incandescent lamp with a colour temperature in the range of 2 800 to 3 250 K or a green light emitting diode (LED) with a spectral peak between 550 and 570 nm. The light source shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

LD Light detector

The detector shall be a photocell or a photodiode (with a filter, if necessary). In the case of an incandescent light source, the receiver shall have a peak spectral response similar to the phototopic curve of the human eye (maximum response) in the range of 550 to 570 nm, to less than 4 % of that maximum response below 430 nm and above 680 nm. The light detector shall be protected against sooting by means that do not influence the optical path length beyond the manufacturers specifications.

CL Collimating lens

The light output shall be collimated to a beam with a maximum diameter of 30 mm. The rays of the light beam shall be parallel within a tolerance of 3° of the optical axis.

T1 Temperature sensor

To monitor the exhaust gas temperature at the entrance to the measuring chamber.

P Sampling pump (optional)

A sampling pump downstream of the measuring chamber may be used to transfer the sample gas through the measuring chamber.

ANNEX VI

EC TYPE-APPROVAL CERTIFICATE

Communication concerning the:

| — | type-approval (1) |
| --- | --- |

—

type-approval (1)

| — | extension of type-approval (1) |
| --- | --- |

—

extension of type-approval (1)

of a type of a vehicle/separate technical unit (engine type/engine family)/component (1) with regard to Directive 88/77/EEC as last amended by Directive 2001/27/EC

EC type-approval No.: ... Extension-No.: ...

SECTION I

| 0 | General |
| --- | --- |

0

| 0.1 | Make of vehicle/separate technical unit/component (1): ... |
| --- | --- |

0.1

Make of vehicle/separate technical unit/component (1): ...

| 0.2 | Manufacturer's designation of vehicle type/separate technical unit (engine type/engine family)/component (1): ... |
| --- | --- |

0.2

Manufacturer's designation of vehicle type/separate technical unit (engine type/engine family)/component (1): ...

| 0.3 | Manufacturer's type coding as marked on the vehicle/separate technical unit (engine type/engine family)/ component (1): ... |
| --- | --- |

0.3

Manufacturer's type coding as marked on the vehicle/separate technical unit (engine type/engine family)/ component (1): ...

| 0.4 | Category of vehicle: ... |
| --- | --- |

0.4

Category of vehicle: ...

| 0.5 | Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1) ... |
| --- | --- |

0.5

Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1) ...

| 0.6 | Name and address of manufacturer's: ... |
| --- | --- |

0.6

Name and address of manufacturer's: ...

| 0.7 | Name and address of manufacturer's authorised representative (if any): ... |
| --- | --- |

0.7

Name and address of manufacturer's authorised representative (if any): ...

SECTION II

| 1 | Brief description (where appropriate): See Annex I. ... |
| --- | --- |

1

Brief description (where appropriate): See Annex I. ...

| 2 | Technical department responsible for carrying out the tests: ... |
| --- | --- |

2

Technical department responsible for carrying out the tests: ...

| 3 | Date of test report: ... |
| --- | --- |

3

Date of test report: ...

| 4 | Number of test Report: ... |
| --- | --- |

4

Number of test Report: ...

| 5 | Ground(s) for extending type approval (where appropriate): ... |
| --- | --- |

5

Ground(s) for extending type approval (where appropriate): ...

| 6 | Remarks (if any): See Annex I. ... |
| --- | --- |

6

Remarks (if any): See Annex I. ...

| 7 | Place: ... |
| --- | --- |

7

Place: ...

| 8 | Date: ... |
| --- | --- |

8

Date: ...

| 9 | Signature: ... |
| --- | --- |

9

Signature: ...

| 10 | A list of documents making up the type-approval file lodged with the administrative department that has granted type approval, which may be obtained on request, is attached. |
| --- | --- |

10

A list of documents making up the type-approval file lodged with the administrative department that has granted type approval, which may be obtained on request, is attached.

---

(1)  Delete as appropriate.

Appendix

to EC type-approval certificate No. [...] concerning the type approval of a vehicle/separate technical unit/component (1)

| 1 | Brief description |
| --- | --- |

1

| 1.1 | Particulars to be completed in relation to the type-approval of a vehicle with an engine installed: |
| --- | --- |

1.1

Particulars to be completed in relation to the type-approval of a vehicle with an engine installed:

| 1.1.1 | Make of engine (name of undertaking): ... |
| --- | --- |

1.1.1

Make of engine (name of undertaking): ...

| 1.1.2 | Type and commercial description (mention any variants): ... |
| --- | --- |

1.1.2

Type and commercial description (mention any variants): ...

| 1.1.3 | Manufacturer's code as marked on the engine: ... |
| --- | --- |

1.1.3

Manufacturer's code as marked on the engine: ...

| 1.1.4 | Category of vehicle (if applicable): ... |
| --- | --- |

1.1.4

Category of vehicle (if applicable): ...

| 1.1.5 | Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1) ... |
| --- | --- |

1.1.5

Category of engine: diesel/NG fuelled/LPG fuelled/ethanol fuelled (1) ...

| 1.1.6 | Name and address of manufacturer: ... |
| --- | --- |

1.1.6

Name and address of manufacturer: ...

| 1.1.7 | Name and address of manufacturer's authorised representative (if any): ... |
| --- | --- |

1.1.7

Name and address of manufacturer's authorised representative (if any): ...

| 1.2 | If the engine referred to in 1.1 has been type-approved as a separate technical unit: ... |
| --- | --- |

1.2

If the engine referred to in 1.1 has been type-approved as a separate technical unit: ...

| 1.2.1 | Type-approval number of the engine/engine family (1): ... |
| --- | --- |

1.2.1

Type-approval number of the engine/engine family (1): ...

| 1.3 | Particulars to be completed in relation to the type-approval of an engine/engine family (1) as a separate technical unit (conditions to be respected in the installation of the engine on a vehicle): |
| --- | --- |

1.3

Particulars to be completed in relation to the type-approval of an engine/engine family (1) as a separate technical unit (conditions to be respected in the installation of the engine on a vehicle):

| 1.3.1 | Maximum and/or minimum intake depression: ... kPa |
| --- | --- |

1.3.1

Maximum and/or minimum intake depression: ... kPa

| 1.3.2 | Maximum allowable back pressure: ... kPa |
| --- | --- |

1.3.2

Maximum allowable back pressure: ... kPa

| 1.3.3 | Exhaust system volume: ...cm3 |
| --- | --- |

1.3.3

Exhaust system volume: ...cm3

| 1.3.4 | Power absorbed by auxiliaries needed for operating the engine: ... |
| --- | --- |

1.3.4

Power absorbed by auxiliaries needed for operating the engine: ...

| 1.3.4.1 | Idle: ... kW; Low Speed: ... kW; High Speed: ... kW
  Speed A: ... kW; Speed B: ... kW; Speed C: ... kW;
  Reference Speed: ... kW |
| --- | --- |

1.3.4.1

Idle: ... kW; Low Speed: ... kW; High Speed: ... kW

Speed A: ... kW; Speed B: ... kW; Speed C: ... kW;

Reference Speed: ... kW

| 1.3.5 | Restrictions of use (if any): ... |
| --- | --- |

1.3.5

Restrictions of use (if any): ...

| 1.4 | Emission levels of the engine/parent engine (1): |
| --- | --- |

1.4

Emission levels of the engine/parent engine (1):

| 1.4.1 | ESC-test (if applicable):
  CO: ... g/kWh
  THC: ... g/kWh
  NOx: ... g/kWh
  PT: ... g/kWh |
| --- | --- |

1.4.1

ESC-test (if applicable):

CO: ... g/kWh

THC: ... g/kWh

NOx: ... g/kWh

PT: ... g/kWh

| 1.4.2 | ELR-test (if applicable):
  Smoke value: ... m-1 |
| --- | --- |

1.4.2

ELR-test (if applicable):

Smoke value: ... m-1

| 1.4.3 | ETC test (if applicable):






  CO: | ...g/kWh |
| --- | --- | --- |
| THC: | ... g/kWh (2) |
| NMHC: | ...g/kWh (2) |
| CH4: | ...g/kWh (2) |
| NOx: | ...g/kWh |
| PT: | ...g/kWh (2) |

1.4.3

ETC test (if applicable):

CO:

...g/kWh

THC:

... g/kWh (2)

NMHC:

...g/kWh (2)

CH4:

...g/kWh (2)

NOx:

...g/kWh

PT:

...g/kWh (2)

---

(1)  Delete as appropriate.

(2)  Delete as appropriate.

ANNEX VII

EXAMPLE OF CALCULATION PROCEDURE

1.   ESC TEST

1.1.   Gaseous emissions

The measurement data for the calculation of the individual mode results are shown below. In this example, CO and NOx are measured on a dry basis, HC on a wet basis. The HC concentration is given in propane equivalent (C3) and has to be multiplied by 3 to result in the C1 equivalent. The calculation procedure is identical for the other modes.

| P | Ta | Ha | GEXH | GAIRW | GFUEL | HC | CO | NOx |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| (kW) | (K) | (g/kg) | (kg) | (kg) | (kg) | (ppm) | (ppm) | (ppm) |
| 82,9 | 294,8 | 7,81 | 563,38 | 545,29 | 18,09 | 6,3 | 41,2 | 495 |

P

Ta

Ha

GEXH

GAIRW

GFUEL

HC

CO

NOx

(kW)

(K)

(g/kg)

(kg)

(kg)

(kg)

(ppm)

(ppm)

(ppm)

82,9

294,8

7,81

563,38

545,29

18,09

6,3

41,2

495

Calculation of the dry to wet correction factor KW,r (Annex III, Appendix 1, section 4.2):

Formula and Formula

Formula

Calculation of the wet concentrations:

CO = 41,2 x 0,9239 = 38,1 ppm

NOx = 495 x 0,9239 = 457 ppm

Calculation of the NOx humidity correction factor KH,D (Annex III, Appendix 1, section 4.3):

A = 0,309 x 18,09/541,06 - 0,0266 = -0,0163

B = - 0,209 x 18,09/541,06 + 0,00954 = 0,0026

Formula

Calculation of the emission mass flow rates (Annex III, Appendix 1, section 4.4):

NOx = 0,001587 x 457 x 0,9625 x 563,38 = 393,27 g/h

CO = 0,000966 x 38,1 x 563,38 = 20,735 g/h

HC = 0,000479 x 6,3 x 3 x 563,38 = 5,100 g/h

Calculation of the specific emissions (Annex III, Appendix 1, section 4.5):

The following example calculation is given for CO; the calculation procedure is identical for the other components.

The emission mass flow rates of the individual modes are multiplied by the respective weighting factors, as indicated in Annex III, Appendix 1, section 2.7.1, and summed up to result in the mean emission mass flow rate over the cycle:

| CO | = (6,7 x 0,15) + (24,6 x 0,08) + (20,5 x 0,10) + (20,7 x 0,10) + (20,6 x 0,05) + (15,0 x 0,05) + (19,7 x 0,05) + (74,5 x 0,09) + (31,5 x 0,10) + (81,9 x 0,08) + (34,8 x 0,05) + (30,8 x 0,05) + (27,3 x 0,05) |
| --- | --- |
| | = 30,91 g/h |

CO

= (6,7 x 0,15) + (24,6 x 0,08) + (20,5 x 0,10) + (20,7 x 0,10) + (20,6 x 0,05) + (15,0 x 0,05) + (19,7 x 0,05) + (74,5 x 0,09) + (31,5 x 0,10) + (81,9 x 0,08) + (34,8 x 0,05) + (30,8 x 0,05) + (27,3 x 0,05)

= 30,91 g/h

The engine power of the individual modes is multiplied by the respective weighting factors, as indicated in Annex III, Appendix 1, section 2.7.1, and summed up to result in the mean cycle power:

| P(n) | = (0,1 x 0,15) + (96,8 x 0,08) + (55,2 x 0,10) + (82,9 x 0,10) + (46,8 x 0,05) + (70,1 x 0,05) + (23,0 x 0,05) + (114,3 x 0,09) + (27,0 x 0,10) + (122,0 x 0,08) + (28,6 x 0,05) + (87,4 x 0,05) + (57,9 x 0,05) |
| --- | --- |
| | = 60,006 kW |

P(n)

= (0,1 x 0,15) + (96,8 x 0,08) + (55,2 x 0,10) + (82,9 x 0,10) + (46,8 x 0,05) + (70,1 x 0,05) + (23,0 x 0,05) + (114,3 x 0,09) + (27,0 x 0,10) + (122,0 x 0,08) + (28,6 x 0,05) + (87,4 x 0,05) + (57,9 x 0,05)

= 60,006 kW

Formula

Calculation of the specific NOx emission of the random point (Annex III, Appendix 1, section 4.6.1):

Assume the following values have been determined on the random point:

| nZ | = | 1 600 min-1 |
| --- | --- | --- |
| MZ | = | 495 Nm |
| NOx mass.Z | = | 487,9 g/h (calculated according to the previous formulae) |
| P(n)Z | = | 83 kW |
| NOx,Z | = | 487,9/83 = 5,878 g/kWh |

nZ

=

1 600 min-1

MZ

=

495 Nm

NOx mass.Z

=

487,9 g/h (calculated according to the previous formulae)

P(n)Z

=

83 kW

NOx,Z

=

487,9/83 = 5,878 g/kWh

Determination of the emission value from the test cycle (Annex III, Appendix 1, section 4.6.2):

Assume the values of the four enveloping modes on the ESC to be as follows:

| nRT | nSU | ER | ES | ET | EU | MR | MS | MT | MU |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 1368 | 1785 | 5,943 | 5,565 | 5,889 | 4,973 | 515 | 460 | 681 | 610 |

nRT

nSU

ER

ES

ET

EU

MR

MS

MT

MU

1368

1785

5,943

5,565

5,889

4,973

515

460

681

610

ETU = 5,889 + (4,973 - 5,889) x (1 600 - 1 368) / (1 785 - 1 368) = 5,377 g/kWh

ERS = 5,943 + (5,565 - 5,943) x (1 600 - 1 368) / (1 785 - 1 368) = 5,732 g/kWh

MTU = 681 + (601 - 681) x (1 600 - 1 368) / (1 785 - 1 368) = 641,3 Nm

MRS = 515 + (460 - 515) x (1 600 - 1 368) / (1 785 - 1 368) = 484,3 Nm

EZ = 5,732 + (5,377 - 5,732) x (495 - 484,3) / (641,3 - 484,3) = 5,708 g/kWh

Comparison of the NOx emission values (Annex III, Appendix 1, section 4.6.3):

NOx diff = 100 x (5,878 - 5,708) / 5,708 = 2,98 %

1.2.   Particulate emissions

Particulate measurement is based on the principle of sampling the particulates over the complete cycle, but determining the sample and flow rates (MSAM and GEDF) during the individual modes. The calculation of GEDF depends on the system used. In the following examples, a system with CO2 measurement and carbon balance method and a system with flow measurement are used. When using a full flow dilution system, GEDF is directly measured by the CVS equipment.

Calculation of GEDF (Annex III, Appendix 1, sections 5.2.3 and 5.2.4):

Assume the following measurement data of mode 4. The calculation procedure is identical for the other modes.

| GEXH | GFUEL | GDILW | GTOTW | CO2D | CO2A |
| --- | --- | --- | --- | --- | --- |
| (kg/h) | (kg/h) | (kg/h) | (kg/h) | (%) | (%) |
| 334,02 | 10,76 | 5,4435 | 6,0 | 0,657 | 0,040 |

GEXH

GFUEL

GDILW

GTOTW

CO2D

CO2A

(kg/h)

(kg/h)

(kg/h)

(kg/h)

(%)

(%)

334,02

10,76

5,4435

6,0

0,657

0,040

| (a) | carbon balance method |
| --- | --- |

(a)

carbon balance method

| (b) | flow measurement method

  GEDFW = 334,02 x 10,78 = 360 0,7 kg/h |
| --- | --- |

(b)

flow measurement method

GEDFW = 334,02 x 10,78 = 360 0,7 kg/h

Calculation of the mass flow rate (Annex III, Appendix 1, section 5.4):

The GEDFW flow rates of the individual modes are multiplied by the respective weighting factors, as indicated in Annex III, Appendix 1, section 2.7.1, and summed up to result in the mean GEDF over the cycle. The total sample rate MSAM is summed up from the sample rates of the individual modes.

| | = (3 567 x 0,15) + (3 592 x 0,08) + (3 611 x 0,10) + (3 600 x 0,10) + (3 618 x 0,05) + (3 600 x 0,05) + (3 640 x 0,05) + (3 614 x 0,09) + (3 620 x 0,10) + (3 601 x 0,08) + (3 639 x 0,05) + (3 582 x 0,05) + (3 635 x 0,05) |
| --- | --- |
| | = 3 604,6 kg/h |
| MSAM | = 0,226 + 0,122 + 0,151 + 0,152 + 0,076 + 0,076 + 0,076 + 0,136 + 0,151 + 0,121 + 0,076 + 0,076 + 0,075 |
| | = 1,515 kg |

Formula

= (3 567 x 0,15) + (3 592 x 0,08) + (3 611 x 0,10) + (3 600 x 0,10) + (3 618 x 0,05) + (3 600 x 0,05) + (3 640 x 0,05) + (3 614 x 0,09) + (3 620 x 0,10) + (3 601 x 0,08) + (3 639 x 0,05) + (3 582 x 0,05) + (3 635 x 0,05)

= 3 604,6 kg/h

MSAM

= 0,226 + 0,122 + 0,151 + 0,152 + 0,076 + 0,076 + 0,076 + 0,136 + 0,151 + 0,121 + 0,076 + 0,076 + 0,075

= 1,515 kg

Assume the particulate mass on the filters to be 2,5 mg, then

Formula

Background correction (optional)

Assume one background measurement with the following values. The calculation of the dilution factor DF is identical to section 3.1 of this Annex and not shown here.

Md = 0,1 mg; MDIL = 1,5 kg

| Sum of DF | = [(1-1/119,15) x 0,15] + [(1-1/8,89) x 0,08] + [(1-1/14,75) x 0,10] + [(1-1/10,10) x 0,10] + [(1-1/18,02) x 0,05] + [(1-1/12,33) x 0,05] + [(1-1/32,18) x 0,05] + [(1-1/6,94) x 0,09] + [(1-1/25,19) x 0,10] + [(1-1/6,12) x 0,08] + [(1-1/20,87) x 0,05] + [(1-1/8,77) x 0,05] + [(1-1/12,59) x 0,05] |
| --- | --- |
| | = 0,923 |

Sum of DF

= [(1-1/119,15) x 0,15] + [(1-1/8,89) x 0,08] + [(1-1/14,75) x 0,10] + [(1-1/10,10) x 0,10] + [(1-1/18,02) x 0,05] + [(1-1/12,33) x 0,05] + [(1-1/32,18) x 0,05] + [(1-1/6,94) x 0,09] + [(1-1/25,19) x 0,10] + [(1-1/6,12) x 0,08] + [(1-1/20,87) x 0,05] + [(1-1/8,77) x 0,05] + [(1-1/12,59) x 0,05]

= 0,923

Formula

Calculation of the specific emission (Annex III, Appendix 1, section 5.5):

| P(n) | = (0,1 x 0,15) + (96,8 x 0,08) + (55,2 x 0,10) + (82,9 x 0,10) + (46,8 x 0,05) + (70,1 x 0,05) + (23,0 x 0,05) + (114,3 x 0,09) + (27,0 x 0,10) + (122,0 x 0,08) + (28,6 x 0,05) + (87,4 x 0,05) + (57,9 x 0,05) |
| --- | --- |
| | = 60,006 kW |

P(n)

= (0,1 x 0,15) + (96,8 x 0,08) + (55,2 x 0,10) + (82,9 x 0,10) + (46,8 x 0,05) + (70,1 x 0,05) + (23,0 x 0,05) + (114,3 x 0,09) + (27,0 x 0,10) + (122,0 x 0,08) + (28,6 x 0,05) + (87,4 x 0,05) + (57,9 x 0,05)

= 60,006 kW

Formula

(PT)— = (5,726/60,006) = 0,095 g/kWh, if background corrected

Calculation of the specific weighting factor (Annex III, Appendix 1, section 5.6):

Assume the values calculated for mode 4 above, then

WFE,i = (0,152 x 360 4,6/1,515 x 360 0,7) = 0,1004

This value is within the required value of 0,10 ± 0,003.

2.   ELR TEST

Since Bessel filtering is a completely new averaging procedure in European exhaust legislation, an explanation of the Bessel filter, an example of the design of a Bessel algorithm, and an example of the calculation of the final smoke value is given below. The constants of the Bessel algorithm only depend on the design of the opacimeter and the sampling rate of the data acquisition system. It is recommended that the opacimeter manufacturer provide the final Bessel filter constants for different sampling rates and that the customer use these constants for designing the Bessel algorithm and for calculating the smoke values.

2.1.   General Remarks on the Bessel Filter

Due to high frequency distortions, the raw opacity signal usually shows a highly scattered trace. To remove these high frequency distortions a Bessel filter is required for the ELR-Test. The Bessel filter itself is a recursive, second-order low-pass filter which guarantees the fastest signal rise without overshoot.

Assuming a real time raw exhaust plume in the exhaust tube, each opacimeter shows a delayed and differently measured opacity trace. The delay and the magnitude of the measured opacity trace is primarily dependent on the geometry of the measuring chamber of the opacimeter, including the exhaust sample lines, and on the time needed for processing the signal in the electronics of the opacimeter. The values that characterise these two effects are called the physical and the electrical response time which represent an individual filter for each type of opacimeter.

The goal of applying a Bessel filter is to guarantee a uniform overall filter characteristic of the whole opacimeter system, consisting of:

| — | physical response time of the opacimeter (tp), |
| --- | --- |

—

physical response time of the opacimeter (tp),

| — | electrical response time of the opacimeter (te), |
| --- | --- |

—

electrical response time of the opacimeter (te),

| — | filter response time of the applied Bessel filter (tF). |
| --- | --- |

—

filter response time of the applied Bessel filter (tF).

The resulting overall response time of the system tAver is given by:

Formula

and must be equal for all kinds of opacimeters in order to give the same smoke value. Therefore, a Bessel filter has to be created in such a way, that the filter response time (tF) together with the physical (tp) and electrical response time (te) of the individual opacimeter must result in the required overall response time (tAver). Since tp and te are given values for each individual opacimeter, and tAver is defined to be 1,0 s in this Directive, tF can be calculated as follows:

Formula

By definition, the filter response time tF is the rise time of a filtered output signal between 10 % and 90 % on a step input signal. Therefore the cut-off frequency of the Bessel filter has to be iterated in such a way, that the response time of the Bessel filter fits into the required rise time.

Figure a

Traces of a step input signal and the filtered output signal

Image

In Figure a, the traces of a step input signal and Bessel filtered output signal as well as the response time of the Bessel filter (tF) are shown.

Designing the final Bessel filter algorithm is a multi step process which requires several iteration cycles. The scheme of the iteration procedure is presented below.

Image

2.2.   Calculation of the Bessel algorithm

In this example a Bessel algorithm is designed in several steps according to the above iteration procedure which is based upon Annex III, Appendix 1, section 6.1.

For the opacimeter and the data acquisition system, the following characteristics are assumed:

| — | physical response time tp 0,15 s |
| --- | --- |

—

physical response time tp 0,15 s

| — | electrical response time te 0,05 s |
| --- | --- |

—

electrical response time te 0,05 s

| — | overall response time tAver 1,00 s (by definition in this Directive) |
| --- | --- |

—

overall response time tAver 1,00 s (by definition in this Directive)

| — | sampling rate 150 Hz |
| --- | --- |

—

sampling rate 150 Hz

Step 1 Required Bessel filter response time tF
  :

Formula

Step 2 Estimation of cut-off frequency and calculation of Bessel constants E, K for first iteration:

Formula

Δt = 1/150 = 0,006667 s

Formula

Formula

K = 2 x 7,07948 E - 5 x (0,618034 x 150,0766442 - 1) - 1 = 0,970783

This gives the Bessel algorithm:

Yi = Yi - 1 + 7,07948 E - 5 x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + 0,970783 x (Yi - 1 - Yi - 2)

where Si represents the values of the step input signal (either ‘0‧ or ‘1‧) and Yi represents the filtered values of the output signal.

Step 3 Application of Bessel filter on step input:

The Bessel filter response time tF is defined as the rise time of the filtered output signal between 10 % and 90 % on a step input signal. For determining the times of 10 % (t10) and 90 % (t90) of the output signal, a Bessel filter has to be applied to a step input using the above values of fc, E and K.

The index numbers, the time and the values of a step input signal and the resulting values of the filtered output signal for the first and the second iteration are shown in Table B. The points adjacent to t10 and t90 are marked in bold numbers.

In Table B, first iteration, the 10 % value occurs between index number 30 and 31 and the 90 % value occurs between index number 191 and 192. For the calculation of tF,iter the exact t10 and t90 values are determined by linear interpolation between the adjacent measuring points, as follows:

t10 = tlower + Δt x (0,1 - outlower)/(outupper - outlower)

t90 = tlower + Δt x (0,9 - outlower)/(outupper - outlower)

where outupper and outlower, respectively, are the adjacent points of the Bessel filtered output signal, and tlower is the time of the adjacent time point, as indicated in Table B.

t10 = 0,200000 + 0,006667 x (0,1 - 0,099208)/(0,104794 - 0,099208) = 0,200945 s

t90 = 0,273333 + 0,006667 x (0,9 - 0,899147)/(0,901168 - 0,899147) = 1,276147 s

Step 4 Filter response time of first iteration cycle:

tF,iter = 1,276147 - 0,200945 = 1,075202 s

Step 5 Deviation between required and obtained filter response time of first iteration cycle:

Δ = (1,075202 - 0,987421)/0,987421 = 0,081641

Step 6 Checking the iteration criteria:

|Δ| ≤ 0,01 is required. Since 0,081641 > 0,01, the iteration criteria is not met and a further iteration cycle has to be started. For this iteration cycle, a new cut-off frequency is calculated from fc and Δ as follows:

fc,new = 0,318152 x (1 + 0,081641) = 0,344126 Hz

This new cut-off frequency is used in the second iteration cycle, starting at step 2 again. The iteration has to be repeated until the iteration criteria is met. The resulting values of the first and second iteration are summarised in table A.

Table A

Values of the first and second iteration

| Parameter | 1. Iteration | 2. Iteration |
| --- | --- | --- |
| fc | (Hz) | 0,318152 | 0,344126 |
| E | (-) | 7,07948 E-5 | 8,272777 E-5 |
| K | (-) | 0,970783 | 0,968410 |
| t10 | (s) | 0,200945 | 0,185523 |
| t90 | (s) | 1,276147 | 1,179562 |
| tF,iter | (s) | 1,075202 | 0,994039 |
| Δ | (-) | 0,081641 | 0,006657 |
| fc,new | (Hz) | 0,344126 | 0,346417 |

Parameter

1. Iteration

2. Iteration

fc

(Hz)

0,318152

0,344126

E

(-)

7,07948 E-5

8,272777 E-5

K

(-)

0,970783

0,968410

t10

(s)

0,200945

0,185523

t90

(s)

1,276147

1,179562

tF,iter

(s)

1,075202

0,994039

Δ

(-)

0,081641

0,006657

fc,new

(Hz)

0,344126

0,346417

Step 7 Final Bessel algorithm:

As soon as the iteration criteria has been met, the final Bessel filter constants and the final Bessel algorithm are calculated according to step 2. In this example, the iteration criteria has been met after the second iteration (Δ = 0,006657 ≤ 0,01). The final algorithm is then used for determining the averaged smoke values (see next section 2.3).

Yi = Yi - 1 + 8,272777 E - 5 x (Si + 2 x Si - 1 + Si - 2 - 4 x Yi - 2) + 0,968410 x (Yi - 1 - Yi - 2)

Table B

Values of step input signal and Bessel filtered output signal for the first and second iteration cycle

| Index i | Time | Step Input Signal Si | Filtered Output Signal Yi |
| --- | --- | --- | --- |
| [-] | [s] | [-] | [-] |
| 1. Iteration | 2. Iteration |
| - 2 | - 0,013333 | 0 | 0,000000 | 0,000000 |
| - 1 | - 0,006667 | 0 | 0,000000 | 0,000000 |
| 0 | 0,000000 | 1 | 0,000071 | 0,000083 |
| 1 | 0,006667 | 1 | 0,000352 | 0,000411 |
| 2 | 0,013333 | 1 | 0,000908 | 0,001060 |
| 3 | 0,020000 | 1 | 0,001731 | 0,002019 |
| 4 | 0,026667 | 1 | 0,002813 | 0,003278 |
| 5 | 0,033333 | 1 | 0,004145 | 0,004828 |
| ~ | ~ | ~ | ~ | ~ |
| 24 | 0,160000 | 1 | 0,067877 | 0,077876 |
| 25 | 0,166667 | 1 | 0,072816 | 0,083476 |
| 26 | 0,173333 | 1 | 0,077874 | 0,089205 |
| 27 | 0,180000 | 1 | 0,083047 | 0,095056 |
| 28 | 0,186667 | 1 | 0,088331 | 0,101024 |
| 29 | 0,193333 | 1 | 0,093719 | 0,107102 |
| 30 | 0,200000 | 1 | 0,099208 | 0,113286 |
| 31 | 0,206667 | 1 | 0,104794 | 0,119570 |
| 32 | 0,213333 | 1 | 0,110471 | 0,125949 |
| 33 | 0,220000 | 1 | 0,116236 | 0,132418 |
| 34 | 0,226667 | 1 | 0,122085 | 0,138972 |
| 35 | 0,233333 | 1 | 0,128013 | 0,145605 |
| 36 | 0,240000 | 1 | 0,134016 | 0,152314 |
| 37 | 0,246667 | 1 | 0,140091 | 0,159094 |
| ~ | ~ | ~ | ~ | ~ |
| 175 | 1,166667 | 1 | 0,862416 | 0,895701 |
| 176 | 1,173333 | 1 | 0,864968 | 0,897941 |
| 177 | 1,180000 | 1 | 0,867484 | 0,900145 |
| 178 | 1,186667 | 1 | 0,869964 | 0,902312 |
| 179 | 1,193333 | 1 | 0,872410 | 0,904445 |
| 180 | 1,200000 | 1 | 0,874821 | 0,906542 |
| 181 | 1,206667 | 1 | 0,877197 | 0,908605 |
| 182 | 1,213333 | 1 | 0,879540 | 0,910633 |
| 183 | 1,220000 | 1 | 0,881849 | 0,912628 |
| 184 | 1,226667 | 1 | 0,884125 | 0,914589 |
| 185 | 1,233333 | 1 | 0,886367 | 0,916517 |
| 186 | 1,240000 | 1 | 0,888577 | 0,918412 |
| 187 | 1,246667 | 1 | 0,890755 | 0,920276 |
| 188 | 1,253333 | 1 | 0,892900 | 0,922107 |
| 189 | 1,260000 | 1 | 0,895014 | 0,923907 |
| 190 | 1,266667 | 1 | 0,897096 | 0,925676 |
| 191 | 1,273333 | 1 | 0,899147 | 0,927414 |
| 192 | 1,280000 | 1 | 0,901168 | 0,929121 |
| 193 | 1,286667 | 1 | 0,903158 | 0,930799 |
| 194 | 1,293333 | 1 | 0,905117 | 0,932448 |
| 195 | 1,300000 | 1 | 0,907047 | 0,934067 |
| ~ | ~ | ~ | ~ | ~ |

Index i

Time

Step Input Signal Si

Filtered Output Signal Yi

[-]

[s]

[-]

[-]

1. Iteration

2. Iteration

- 2

- 0,013333

0

0,000000

0,000000

- 1

- 0,006667

0

0,000000

0,000000

0

0,000000

1

0,000071

0,000083

1

0,006667

1

0,000352

0,000411

2

0,013333

1

0,000908

0,001060

3

0,020000

1

0,001731

0,002019

4

0,026667

1

0,002813

0,003278

5

0,033333

1

0,004145

0,004828

~

~

~

~

~

24

0,160000

1

0,067877

0,077876

25

0,166667

1

0,072816

0,083476

26

0,173333

1

0,077874

0,089205

27

0,180000

1

0,083047

0,095056

28

0,186667

1

0,088331

0,101024

29

0,193333

1

0,093719

0,107102

30

0,200000

1

0,099208

0,113286

31

0,206667

1

0,104794

0,119570

32

0,213333

1

0,110471

0,125949

33

0,220000

1

0,116236

0,132418

34

0,226667

1

0,122085

0,138972

35

0,233333

1

0,128013

0,145605

36

0,240000

1

0,134016

0,152314

37

0,246667

1

0,140091

0,159094

~

~

~

~

~

175

1,166667

1

0,862416

0,895701

176

1,173333

1

0,864968

0,897941

177

1,180000

1

0,867484

0,900145

178

1,186667

1

0,869964

0,902312

179

1,193333

1

0,872410

0,904445

180

1,200000

1

0,874821

0,906542

181

1,206667

1

0,877197

0,908605

182

1,213333

1

0,879540

0,910633

183

1,220000

1

0,881849

0,912628

184

1,226667

1

0,884125

0,914589

185

1,233333

1

0,886367

0,916517

186

1,240000

1

0,888577

0,918412

187

1,246667

1

0,890755

0,920276

188

1,253333

1

0,892900

0,922107

189

1,260000

1

0,895014

0,923907

190

1,266667

1

0,897096

0,925676

191

1,273333

1

0,899147

0,927414

192

1,280000

1

0,901168

0,929121

193

1,286667

1

0,903158

0,930799

194

1,293333

1

0,905117

0,932448

195

1,300000

1

0,907047

0,934067

~

~

~

~

~

2.3.   Calculation of the smoke values

In the scheme below the general procedure of determining the final smoke value is presented.

Image

In figure b, the traces of the measured raw opacity signal, and of the unfiltered and filtered light absorption coefficients (k-value) of the first load step of an ELR-Test are shown, and the maximum value Ymax1,A (peak) of the filtered k trace is indicated. Correspondingly, table C contains the numerical values of index i, time (sampling rate of 150 Hz), raw opacity, unfiltered k and filtered k. Filtering was conducted using the constants of the Bessel algorithm designed in section 2.2 of this Annex. Due to the large amount of data, only those sections of the smoke trace around the beginning and the peak are tabled.

Figure b

Traces of measured opacity N, of unfiltered smoke k and of filtered smoke k

Image

The peak value (i = 272) is calculated assuming the following data of table C. All other individual smoke values are calculated in the same way. For starting the algorithm, S-1, S-2, Y-1 and Y-2 are set to zero.

| LA (m) | 0,430 |
| --- | --- |
| Index i | 272 |
| N ( %) | 16,783 |
| S271 (m-1) | 0,427392 |
| S270 (m-1) | 0,427532 |
| Y271 (m-1) | 0,542383 |
| Y270 (m-1) | 0,542337 |

LA (m)

0,430

Index i

272

N ( %)

16,783

S271 (m-1)

0,427392

S270 (m-1)

0,427532

Y271 (m-1)

0,542383

Y270 (m-1)

0,542337

Calculation of the k-value (Annex III, Appendix 1, section 6.3.1):

k = - (1/0,430) x ln (1 - (16,783/100)) = 0,427252 m- 1

This value corresponds to S272 in the following equation.

Calculation of Bessel averaged smoke (Annex III, Appendix 1, section 6.3.2):

In the following equation, the Bessel constants of the previous section 2.2 are used. The actual unfiltered k-value, as calculated above, corresponds to S272 (Si). S271 (Si-1) and S270 (Si-2) are the two preceding unfiltered k-values, Y271 (Yi-1) and Y270 (Yi-2) are the two preceding filtered k-values.

| Y272 | = 0,542383 + 8,272777 E - 5 x (0,427252 + 2 x 0,427392 + 0,427532 - 4 x 0,542337) + 0,968410 x (0,542383 - 0,542337) |
| --- | --- |
| | = 0,542389 m-1 |

Y272

= 0,542383 + 8,272777 E - 5 x (0,427252 + 2 x 0,427392 + 0,427532 - 4 x 0,542337) + 0,968410 x (0,542383 - 0,542337)

= 0,542389 m-1

This value corresponds to Ymax1,A in the following equation.

Calculation of the final smoke value (Annex III, Appendix 1, section 6.3.3):

From each smoke trace, the maximum filtered k-value is taken for the further calculation. Assume the following values

| Speed | Ymax (m-1) |
| --- | --- |
| Cycle 1 | Cycle 2 | Cycle 3 |
| A | 0,5424 | 0,5435 | 0,5587 |
| B | 0,5596 | 0,5400 | 0,5389 |
| C | 0,4912 | 0,5207 | 0,5177 |

Speed

Ymax (m-1)

Cycle 1

Cycle 2

Cycle 3

A

0,5424

0,5435

0,5587

B

0,5596

0,5400

0,5389

C

0,4912

0,5207

0,5177

RWA = (0,5424 + 0,5435 + 0,5587) / 3 = 0,5482 m- 1

RWB = (0,5596 + 0,5400 + 0,5389) / 3 = 0,5462 m- 1

RWC = (0,4912 + 0,5207 + 0,5177) / 3 = 0,5099 m- 1

RW = (0,43 x 0,5482) + (0,56 x 0,5462) + (0,01 x 0,5099) = 0,5467 m- 1

Cycle validation (Annex III, Appendix 1, section 3.4)

Before calculating SV, the cycle must be validated by calculating the relative standard deviations of the smoke of the three cycles for each speed.

| Speed | Mean SV
  (m-1) | absolute standard deviation
  (m-1) | relative standard deviation
  (%) |
| --- | --- | --- | --- |
| A | 0,5482 | 0,0091 | 1,7 |
| B | 0,5462 | 0,0116 | 2,1 |
| C | 0,5099 | 0,0162 | 3,2 |

Speed

Mean SV

(m-1)

absolute standard deviation

(m-1)

relative standard deviation

(%)

A

0,5482

0,0091

1,7

B

0,5462

0,0116

2,1

C

0,5099

0,0162

3,2

In this example, the validation criteria of 15 % are met for each speed.

Table C

Values of opacity N, unfiltered and filtered k-value at beginning of load step

| Index i | Time | Opacity N | unfiltered k-value | filtered k-value |
| --- | --- | --- | --- | --- |
| [-] | [s] | [%] | [m-1] | [m-1] |
| -2 | 0,000000 | 0,000000 | 0,000000 | 0,000000 |
| -1 | 0,000000 | 0,000000 | 0,000000 | 0,000000 |
| 0 | 0,000000 | 0,000000 | 0,000000 | 0,000000 |
| 1 | 0,006667 | 0,020000 | 0,000465 | 0,000000 |
| 2 | 0,013333 | 0,020000 | 0,000465 | 0,000000 |
| 3 | 0,020000 | 0,020000 | 0,000465 | 0,000000 |
| 4 | 0,026667 | 0,020000 | 0,000465 | 0,000001 |
| 5 | 0,033333 | 0,020000 | 0,000465 | 0,000002 |
| 6 | 0,040000 | 0,020000 | 0,000465 | 0,000002 |
| 7 | 0,046667 | 0,020000 | 0,000465 | 0,000003 |
| 8 | 0,053333 | 0,020000 | 0,000465 | 0,000004 |
| 9 | 0,060000 | 0,020000 | 0,000465 | 0,000005 |
| 10 | 0,066667 | 0,020000 | 0,000465 | 0,000006 |
| 11 | 0,073333 | 0,020000 | 0,000465 | 0,000008 |
| 12 | 0,080000 | 0,020000 | 0,000465 | 0,000009 |
| 13 | 0,086667 | 0,020000 | 0,000465 | 0,000011 |
| 14 | 0,093333 | 0,020000 | 0,000465 | 0,000012 |
| 15 | 0,100000 | 0,192000 | 0,004469 | 0,000014 |
| 16 | 0,106667 | 0,212000 | 0,004935 | 0,000018 |
| 17 | 0,113333 | 0,212000 | 0,004935 | 0,000022 |
| 18 | 0,120000 | 0,212000 | 0,004935 | 0,000028 |
| 19 | 0,126667 | 0,343000 | 0,007990 | 0,000036 |
| 20 | 0,133333 | 0,566000 | 0,013200 | 0,000047 |
| 21 | 0,140000 | 0,889000 | 0,020767 | 0,000061 |
| 22 | 0,146667 | 0,929000 | 0,021706 | 0,000082 |
| 23 | 0,153333 | 0,929000 | 0,021706 | 0,000109 |
| 24 | 0,160000 | 1,263000 | 0,029559 | 0,000143 |
| 25 | 0,166667 | 1,455000 | 0,034086 | 0,000185 |
| 26 | 0,173333 | 1,697000 | 0,039804 | 0,000237 |
| 27 | 0,180000 | 2,030000 | 0,047695 | 0,000301 |
| 28 | 0,186667 | 2,081000 | 0,048906 | 0,000378 |
| 29 | 0,193333 | 2,081000 | 0,048906 | 0,000469 |
| 30 | 0,200000 | 2,424000 | 0,057067 | 0,000573 |
| 31 | 0,206667 | 2,475000 | 0,058282 | 0,000693 |
| 32 | 0,213333 | 2,475000 | 0,058282 | 0,000827 |
| 33 | 0,220000 | 2,808000 | 0,066237 | 0,000977 |
| 34 | 0,226667 | 3,010000 | 0,071075 | 0,001144 |
| 35 | 0,233333 | 3,253000 | 0,076909 | 0,001328 |
| 36 | 0,240000 | 3,606000 | 0,085410 | 0,001533 |
| 37 | 0,246667 | 3,960000 | 0,093966 | 0,001758 |
| 38 | 0,253333 | 4,455000 | 0,105983 | 0,002007 |
| 39 | 0,260000 | 4,818000 | 0,114836 | 0,002283 |
| 40 | 0,266667 | 5,020000 | 0,119776 | 0,002587 |
| ~ | ~ | ~ | ~ | ~ |

Index i

Time

Opacity N

unfiltered k-value

filtered k-value

[-]

[s]

[%]

[m-1]

[m-1]

-2

0,000000

0,000000

0,000000

0,000000

-1

0,000000

0,000000

0,000000

0,000000

0

0,000000

0,000000

0,000000

0,000000

1

0,006667

0,020000

0,000465

0,000000

2

0,013333

0,020000

0,000465

0,000000

3

0,020000

0,020000

0,000465

0,000000

4

0,026667

0,020000

0,000465

0,000001

5

0,033333

0,020000

0,000465

0,000002

6

0,040000

0,020000

0,000465

0,000002

7

0,046667

0,020000

0,000465

0,000003

8

0,053333

0,020000

0,000465

0,000004

9

0,060000

0,020000

0,000465

0,000005

10

0,066667

0,020000

0,000465

0,000006

11

0,073333

0,020000

0,000465

0,000008

12

0,080000

0,020000

0,000465

0,000009

13

0,086667

0,020000

0,000465

0,000011

14

0,093333

0,020000

0,000465

0,000012

15

0,100000

0,192000

0,004469

0,000014

16

0,106667

0,212000

0,004935

0,000018

17

0,113333

0,212000

0,004935

0,000022

18

0,120000

0,212000

0,004935

0,000028

19

0,126667

0,343000

0,007990

0,000036

20

0,133333

0,566000

0,013200

0,000047

21

0,140000

0,889000

0,020767

0,000061

22

0,146667

0,929000

0,021706

0,000082

23

0,153333

0,929000

0,021706

0,000109

24

0,160000

1,263000

0,029559

0,000143

25

0,166667

1,455000

0,034086

0,000185

26

0,173333

1,697000

0,039804

0,000237

27

0,180000

2,030000

0,047695

0,000301

28

0,186667

2,081000

0,048906

0,000378

29

0,193333

2,081000

0,048906

0,000469

30

0,200000

2,424000

0,057067

0,000573

31

0,206667

2,475000

0,058282

0,000693

32

0,213333

2,475000

0,058282

0,000827

33

0,220000

2,808000

0,066237

0,000977

34

0,226667

3,010000

0,071075

0,001144

35

0,233333

3,253000

0,076909

0,001328

36

0,240000

3,606000

0,085410

0,001533

37

0,246667

3,960000

0,093966

0,001758

38

0,253333

4,455000

0,105983

0,002007

39

0,260000

4,818000

0,114836

0,002283

40

0,266667

5,020000

0,119776

0,002587

~

~

~

~

~

Values of opacity N, unfiltered and filtered k-value around Ymax1,A (= peak value, indicated in bold number)

| Index i | Time | Opacity N | unfiltered k-value | filtered k-value |
| --- | --- | --- | --- | --- |
| [-] | [s] | [%] | [m-1] | [m-1] |
| ~ | ~ | ~ | ~ | ~ |
| 259 | 1,726667 | 17,182000 | 0,438429 | 0,538856 |
| 260 | 1,733333 | 16,949000 | 0,431896 | 0,539423 |
| 261 | 1,740000 | 16,788000 | 0,427392 | 0,539936 |
| 262 | 1,746667 | 16,798000 | 0,427671 | 0,540396 |
| 263 | 1,753333 | 16,788000 | 0,427392 | 0,540805 |
| 264 | 1,760000 | 16,798000 | 0,427671 | 0,541163 |
| 265 | 1,766667 | 16,798000 | 0,427671 | 0,541473 |
| 266 | 1,773333 | 16,788000 | 0,427392 | 0,541735 |
| 267 | 1,780000 | 16,788000 | 0,427392 | 0,541951 |
| 268 | 1,786667 | 16,798000 | 0,427671 | 0,542123 |
| 269 | 1,793333 | 16,798000 | 0,427671 | 0,542251 |
| 270 | 1,800000 | 16,793000 | 0,427532 | 0,542337 |
| 271 | 1,806667 | 16,788000 | 0,427392 | 0,542383 |
| 272 | 1,813333 | 16,783000 | 0,427252 | 0,542389 |
| 273 | 1,820000 | 16,780000 | 0,427168 | 0,542357 |
| 274 | 1,826667 | 16,798000 | 0,427671 | 0,542288 |
| 275 | 1,833333 | 16,778000 | 0,427112 | 0,542183 |
| 276 | 1,840000 | 16,808000 | 0,427951 | 0,542043 |
| 277 | 1,846667 | 16,768000 | 0,426833 | 0,541870 |
| 278 | 1,853333 | 16,010000 | 0,405750 | 0,541662 |
| 279 | 1,860000 | 16,010000 | 0,405750 | 0,541418 |
| 280 | 1,866667 | 16,000000 | 0,405473 | 0,541136 |
| 281 | 1,873333 | 16,010000 | 0,405750 | 0,540819 |
| 282 | 1,880000 | 16,000000 | 0,405473 | 0,540466 |
| 283 | 1,886667 | 16,010000 | 0,405750 | 0,540080 |
| 284 | 1,893333 | 16,394000 | 0,416406 | 0,539663 |
| 285 | 1,900000 | 16,394000 | 0,416406 | 0,539216 |
| 286 | 1,906667 | 16,404000 | 0,416685 | 0,538744 |
| 287 | 1,913333 | 16,394000 | 0,416406 | 0,538245 |
| 288 | 1,920000 | 16,394000 | 0,416406 | 0,537722 |
| 289 | 1,926667 | 16,384000 | 0,416128 | 0,537175 |
| 290 | 1,933333 | 16,010000 | 0,405750 | 0,536604 |
| 291 | 1,940000 | 16,010000 | 0,405750 | 0,536009 |
| 292 | 1,946667 | 16,000000 | 0,405473 | 0,535389 |
| 293 | 1,953333 | 16,010000 | 0,405750 | 0,534745 |
| 294 | 1,960000 | 16,212000 | 0,411349 | 0,534079 |
| 295 | 1,966667 | 16,394000 | 0,416406 | 0,533394 |
| 296 | 1,973333 | 16,394000 | 0,416406 | 0,532691 |
| 297 | 1,980000 | 16,192000 | 0,410794 | 0,531971 |
| 298 | 1,986667 | 16,000000 | 0,405473 | 0,531233 |
| 299 | 1,993333 | 16,000000 | 0,405473 | 0,530477 |
| 300 | 2,000000 | 16,000000 | 0,405473 | 0,529704 |
| ~ | ~ | ~ | ~ | ~ |

Index i

Time

Opacity N

unfiltered k-value

filtered k-value

[-]

[s]

[%]

[m-1]

[m-1]

~

~

~

~

~

259

1,726667

17,182000

0,438429

0,538856

260

1,733333

16,949000

0,431896

0,539423

261

1,740000

16,788000

0,427392

0,539936

262

1,746667

16,798000

0,427671

0,540396

263

1,753333

16,788000

0,427392

0,540805

264

1,760000

16,798000

0,427671

0,541163

265

1,766667

16,798000

0,427671

0,541473

266

1,773333

16,788000

0,427392

0,541735

267

1,780000

16,788000

0,427392

0,541951

268

1,786667

16,798000

0,427671

0,542123

269

1,793333

16,798000

0,427671

0,542251

270

1,800000

16,793000

0,427532

0,542337

271

1,806667

16,788000

0,427392

0,542383

272

1,813333

16,783000

0,427252

0,542389

273

1,820000

16,780000

0,427168

0,542357

274

1,826667

16,798000

0,427671

0,542288

275

1,833333

16,778000

0,427112

0,542183

276

1,840000

16,808000

0,427951

0,542043

277

1,846667

16,768000

0,426833

0,541870

278

1,853333

16,010000

0,405750

0,541662

279

1,860000

16,010000

0,405750

0,541418

280

1,866667

16,000000

0,405473

0,541136

281

1,873333

16,010000

0,405750

0,540819

282

1,880000

16,000000

0,405473

0,540466

283

1,886667

16,010000

0,405750

0,540080

284

1,893333

16,394000

0,416406

0,539663

285

1,900000

16,394000

0,416406

0,539216

286

1,906667

16,404000

0,416685

0,538744

287

1,913333

16,394000

0,416406

0,538245

288

1,920000

16,394000

0,416406

0,537722

289

1,926667

16,384000

0,416128

0,537175

290

1,933333

16,010000

0,405750

0,536604

291

1,940000

16,010000

0,405750

0,536009

292

1,946667

16,000000

0,405473

0,535389

293

1,953333

16,010000

0,405750

0,534745

294

1,960000

16,212000

0,411349

0,534079

295

1,966667

16,394000

0,416406

0,533394

296

1,973333

16,394000

0,416406

0,532691

297

1,980000

16,192000

0,410794

0,531971

298

1,986667

16,000000

0,405473

0,531233

299

1,993333

16,000000

0,405473

0,530477

300

2,000000

16,000000

0,405473

0,529704

~

~

~

~

~

3.   ETC TEST

3.1.   Gaseous emissions (Diesel Engine)

Assume the following test results for a PDP-CVS system

| V0 (m3/rev) | 0,1776 |
| --- | --- |
| Np (rev) | 23073 |
| pB (kPa) | 98,0 |
| p1 (kPa) | 2,3 |
| T (K) | 322,5 |
| Ha (g/kg) | 12,8 |
| NOx conce (ppm) | 53,7 |
| NOx concd (ppm) | 0,4 |
| COconce (ppm) | 38,9 |
| COconcd (ppm) | 1,0 |
| HCconce (ppm) | 9,00 |
| HCconcd (ppm) | 3,02 |
| CO2,conce ( %) | 0,723 |
| Wact (kWh) | 62,72 |

V0 (m3/rev)

0,1776

Np (rev)

23073

pB (kPa)

98,0

p1 (kPa)

2,3

T (K)

322,5

Ha (g/kg)

12,8

NOx conce (ppm)

53,7

NOx concd (ppm)

0,4

COconce (ppm)

38,9

COconcd (ppm)

1,0

HCconce (ppm)

9,00

HCconcd (ppm)

3,02

CO2,conce ( %)

0,723

Wact (kWh)

62,72

Calculation of the diluted exhaust gas flow (Annex III, Appendix 2, section 4.1):

| MTOTW | = 1,293 x 0,1776 x 23 073 x (98,0 - 2,3) x 273 / (101,3 x 322,5) |
| --- | --- |
| | = 423 7,2 kg |

MTOTW

= 1,293 x 0,1776 x 23 073 x (98,0 - 2,3) x 273 / (101,3 x 322,5)

= 423 7,2 kg

Calculation of the NOx correction factor (Annex III, Appendix 2, section 4.2):

Formula

Calculation of the background corrected concentrations (Annex III, Appendix 2, section 4.3.1.1):

Assuming a diesel fuel of the composition C1H1,8

Formula

Formula

NOx conc = 53,7 - 0,4 x (1 - (1/18,69)) = 53,3 ppm

COconc = 38,9 - 1,0 x (1 - (1/18,69)) = 37,9 ppm

HCconc = 9,00 - 3,02 x (1 - (1/18,69)) = 6,14 ppm

Calculation of the emissions mass flow (Annex III, Appendix 2, section 4.3.1):

NOx mass = 0,001587 x 53,3 x 1,039 x 423 7,2 = 372,391 g

COmass = 0,000966 x 37,9 x 423 7,2 = 155,129 g

HCmass = 0,000479 x 6,14 x 423 7,2 = 12,462 g

Calculation of the specific emissions (Annex III, Appendix 2, section 4.4):

Formula

Formula

Formula

3.2.   Particulate emissions (Diesel Engine)

Assume the following test results for a PDP-CVS system with double dilution

| MTOTW (kg) | 4237,2 |
| --- | --- |
| Mf,p (mg) | 3,030 |
| Mf,b (mg) | 0,044 |
| MTOT (kg) | 2,159 |
| MSEC (kg) | 0,909 |
| Md (mg) | 0,341 |
| MDIL (kg) | 1,245 |
| DF | 18,69 |
| Wact (kWh) | 62,72 |

MTOTW (kg)

4237,2

Mf,p (mg)

3,030

Mf,b (mg)

0,044

MTOT (kg)

2,159

MSEC (kg)

0,909

Md (mg)

0,341

MDIL (kg)

1,245

DF

18,69

Wact (kWh)

62,72

Calculation of the mass emission (Annex III, Appendix 2, section 5.1):

Mf = 3,030 + 0,044 = 3,074 mg

MSAM = 2,159 - 0,909 = 1,250 kg

Formula

Calculation of the background corrected mass emission (Annex III, Appendix 2, section 5.1):

Formula

Calculation of the specific emission (Annex III, Appendix 2, section 5.2):

Formula

Formula, if background corrected

3.3.   Gaseous Emissions (CNG Engine)

Assume the following test results for a PDP-CVS system with double dilution

| MTOTW (kg) | 4237,2 |
| --- | --- |
| Ha (g/kg) | 12,8 |
| NOx conce (ppm) | 17,2 |
| NOx concd (ppm) | 0,4 |
| COconce (ppm) | 44,3 |
| COconcd (ppm) | 1,0 |
| HCconce (ppm) | 27,0 |
| HCconcd (ppm) | 3,02 |
| CH4 conce (ppm) | 18,0 |
| CH4 concd (ppm) | 1,7 |
| CO2,conce ( %) | 0,723 |
| Wact (kWh) | 62,72 |

MTOTW (kg)

4237,2

Ha (g/kg)

12,8

NOx conce (ppm)

17,2

NOx concd (ppm)

0,4

COconce (ppm)

44,3

COconcd (ppm)

1,0

HCconce (ppm)

27,0

HCconcd (ppm)

3,02

CH4 conce (ppm)

18,0

CH4 concd (ppm)

1,7

CO2,conce ( %)

0,723

Wact (kWh)

62,72

Calculation of the NOx, correction factor (Annex III, Appendix 2, section 4.2):

Formula

Calculation of the NMHC concentration (Annex III, Appendix 2, section 4.3.1):

| (a) | GC method
  NMHCconce = 27,0 - 18,0 = 9,0 ppm |
| --- | --- |

(a)

GC method

NMHCconce = 27,0 - 18,0 = 9,0 ppm

| (b) | NMC method
  Assuming a methane efficiency of 0,04 and an ethane efficiency of 0,98 (see Annex III, Appendix 5, section 1.8.4) |
| --- | --- |

(b)

NMC method

Assuming a methane efficiency of 0,04 and an ethane efficiency of 0,98 (see Annex III, Appendix 5, section 1.8.4)

Calculation of the background corrected concentrations (Annex III, Appendix 2, section 4.3.1.1):

Assuming a G20 reference fuel (100 % methane) of the composition C1H4:

Formula

Formula

For NMHC, the background concentration is the difference between HCconcd and CH4concd

NOx conc = 17,2 - 0,4 x (1 - (1/13,01)) = 16,8 ppm

COconc = 44,3 - 1,0 x (1 - (1/13,01)) = 43,4 ppm

NMHCconc = 8,4 - 1,32 x (1 - (1/13,01)) = 7,2 ppm

CH4 conc = 18,0 - 1,7 x (1 - (1/13,01)) = 16,4 ppm

Calculation of the emissions mass flow (Annex III, Appendix 2, section 4.3.1):

NOx mass = 0,001587 x 16,8 x 1,074 x 423 7,2 = 121,330 g

COmass = 0,000966 x 43,4 x 423 7,2 = 177,642 g

NMHCmass = 0,000502 x 7,2 x 423 7,2 = 15,315 g

CH4 mass = 0,000554 x 16,4 x 423 7,2 = 38,498 g

Calculation of the specific emissions (Annex III, Appendix 2, section 4.4):

Formula

Formula

Formula

Formula

4.   λ -SHIFT FACTOR (Sλ)

4.1.   Calculation of the λ -shift factor (Sλ) (1)

Formula

where:

| Sλ: | λ-shift factor; |
| --- | --- |
| inert % | = % by volume of inert gases in the fuel (i.e. N2, CO2, He, etc.); |
| O2
  - | = % by volume of original oxygen in the fuel; |
| N and m | = refer to average CnHm representing the fuel hydrocarbons, i.e: |

Sλ:

λ-shift factor;

inert %

= % by volume of inert gases in the fuel (i.e. N2, CO2, He, etc.);

O2
  *

= % by volume of original oxygen in the fuel;

N and m

= refer to average CnHm representing the fuel hydrocarbons, i.e:

Formula

Formula

where:

| CH4 | = % by volume of methane in the fuel; |
| --- | --- |
| C2 | = % by volume of all C2 hydrocarbons (e.g.: C2H6, C2H4, etc.) in the fuel; |
| C3 | = % by volume of all C3 hydrocarbons (e.g.: C3H8, C3H6, etc.) in the fuel; |
| C4 | = % by volume of all C4 hydrocarbons (e.g.: C4H10, C4H8, etc.) in the fuel; |
| C5 | = % by volume of all C5 hydrocarbons (e.g.: C5H12, C5H10, etc.) in the fuel; |
| diluent | = % by volume of dilution gases in the fuel (i.e.: O2
  *, N2, CO2, He, etc.). |

CH4

= % by volume of methane in the fuel;

C2

= % by volume of all C2 hydrocarbons (e.g.: C2H6, C2H4, etc.) in the fuel;

C3

= % by volume of all C3 hydrocarbons (e.g.: C3H8, C3H6, etc.) in the fuel;

C4

= % by volume of all C4 hydrocarbons (e.g.: C4H10, C4H8, etc.) in the fuel;

C5

= % by volume of all C5 hydrocarbons (e.g.: C5H12, C5H10, etc.) in the fuel;

diluent

= % by volume of dilution gases in the fuel (i.e.: O2
  *, N2, CO2, He, etc.).

4.2.   Examples for the calculation of the λ-shift factor Sλ:

Example 1: G25: CH4 = 86%, N2 = 14 % (by volume)

Formula

Formula

Formula

Example 2: GR: CH4 = 87%, C2H6 = 13 % (by vol)

Formula

Formula

Formula

Example 3: USA: CH4 = 89%, C2H6 = 4,5 %, C3H8 = 2,3 %, C6H14 = 0,2 %, O2 = 0,6 %, N2 = 4%

Formula

Formula

Formula

---

(1)  Stoichiometric Air/Fuel ratios of automotive fuels — SAE J1829, June 1987. John B. Heywood, Internal combustion engine fundamentals, McGraw-Hill, 1988, Chapter 3.4 ‘Combustion stoichiometry‧ (pp. 68 to 72).

ANNEX VIII

SPECIFIC TECHNICAL REQUIREMENTS RELATING TO ETHANOL-FUELLED DIESEL ENGINES

In the case of ethanol-fuelled diesel engines, the following specific modifications to the appropriate paragraphs, equations and factors will apply to the test procedures defined in Annex III to this Directive.

In Annex III, Appendix 1:

4.2.   Dry/wet correction

Formula

4.3.   NOx correction for humidity and temperature

Formula

with,

| A | = | 0,181 GFUEL/GAIRD — 0,0266. |
| --- | --- | --- |
| B | = | — 0,123 GFUEL/GAIRD + 0,00954. |
| Ta | = | temperature of the air, K |
| Ha | = | humidity of the intake air, g water per kg dry air |

A

=

0,181 GFUEL/GAIRD — 0,0266.

B

=

— 0,123 GFUEL/GAIRD + 0,00954.

Ta

=

temperature of the air, K

Ha

=

humidity of the intake air, g water per kg dry air

4.4.   Calculation of the emission mass flow rates

The emission mass flow rates (g/h) for each mode shall be calculated as follows, assuming the exhaust gas density to be 1,272 kg/m3 at 273 K (0 °C) and 101,3 kPa:

(1) NOx mass = 0,001613 × NOx conc × KH,D × GEXH W

(2) COx mass = 0,000982 × COconc × GEXH W

(3) HCmass = 0,000809 × HCconc × KH,D × GEXH W

where

NOx conc, COconc, HCconc
   (1) are the average concentrations (ppm) in the raw exhaust gas, as determined in section 4.1.

If, optionally, the gaseous emissions are determined with a full flow dilution system, the following formulae shall be applied:

(1) NOx mass = 0,001587 × NOx conc × KH,D × GTOT W

(2) COx mass = 0,000982 × COconc × GEXH W

(3) HCmass = 0,000809 × HCconc × KH,D × GEXH W

where

NOx conc, COconc, HCconc
   (1) are the average background corrected concentrations (ppm) of each mode in the diluted exhaust gas, as determined in Annex III, Appendix 2, section 4.3.1.1.

In Annex III, Appendix 2:

Sections 3.1, 3.4, 3.8.3 and 5 of Appendix 2 do not apply solely to diesel engines. They also apply to ethanol-fuelled diesel engines.

4.2.   The conditions for the test should be arranged so that the air temperature and the humidity measured at the engine intake is set to standard conditions during the test run. The standard should be 6 ± 0,5 g water per kg dry air at a temperature interval of 298 ± 3 K. Within these limits no further NOx correction should be made. The test is void if these conditions are not met.

4.3.   Calculation of the emission mass flow

4.3.1.   Systems with constant mass flow

For systems with heat exchanger, the mass of the pollutants (g/test) shall be determined from the following equations:

(1) NOx mass = 0,001587 × NOx conc × KH,D × MTOT W (ethanol fuelled engines)

(2) COx mass = 0,000966 × COconc × MTOT W (ethanol fuelled engines)

(3) HCmass = 0,000794 × HCconc × MTOT W (ethanol fuelled engines)

where,

NOx conc, COconc, HCconc
   (2), NMHCconc = average background corrected concentrations over the cycle from integration (mandatory for NOx and HC) or bag measurement, ppm;

MTOTW = total mass of diluted exhaust gas over the cycle as determined in section 4.1, kg.

4.3.1.1.   Determination of the background corrected concentrations

The average background concentration of the gaseous pollutants in the dilution air shall be subtracted from measured concentrations to get the net concentrations of the pollutants. The average values of the background concentrations can be determined by the sample bag method or by continuous measurement with integration. The following formula shall be used.

Formula

where,

| conc | = concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm; |
| --- | --- |
| conce | = concentration of the respective pollutant measured in the diluted exhaust gas, ppm; |
| concd | = concentration of the respective pollutant measured in the dilution air, ppm; |
| DF | = dilution factor. |

conc

= concentration of the respective pollutant in the diluted exhaust gas, corrected by the amount of the respective pollutant contained in the dilution air, ppm;

conce

= concentration of the respective pollutant measured in the diluted exhaust gas, ppm;

concd

= concentration of the respective pollutant measured in the dilution air, ppm;

DF

= dilution factor.

The dilution factor shall be calculated as follows:

Formula

where,

| CO2conce | = | concentration of CO2 in the diluted exhaust gas, % vol |
| --- | --- | --- |
| HCconce | = | concentration of HC in the diluted exhaust gas, ppm C1 |
| COconce | = | concentration of CO in the diluted exhaust gas, ppm |
| FS | = | stoichiometric factor |

CO2conce

=

concentration of CO2 in the diluted exhaust gas, % vol

HCconce

=

concentration of HC in the diluted exhaust gas, ppm C1

COconce

=

concentration of CO in the diluted exhaust gas, ppm

FS

=

stoichiometric factor

Concentrations measured on dry basis shall be converted to a wet basis in accordance with Annex III, Appendix 1, section 4.2.

The stoichiometric factor shall, for the general fuel composition CHαOβNγ, be calculated as follows:

Formula

Alternatively, if the fuel composition is not known, the following stoichiometric factors may be used:

FS (ethanol) = 12,3

4.3.2.   Systems with flow compensation

For systems without heat exchanger, the mass of the pollutants (g/test) shall be determined by calculating the instantaneous mass emissions and integrating the instantaneous values over the cycle. Also, the background correction shall be applied directly to the instantaneous concentration value. The following formulae shall be applied:

| | |
| --- | --- |

Formula

| | |
| --- | --- |

Formula

| | |
| --- | --- |

Formula

where,

| conce | = | concentration of the respective pollutant measured in the diluted exhaust gas, ppm; |
| --- | --- | --- |
| concd | = | concentration of the respective pollutant measured in the dilution air, ppm; |
| MTOTW,i | = | instantaneous mass of the diluted exhaust gas (see section 4.1), kg; |
| MTOTW | = | total mass of diluted exhaust gas over the cycle (see section 4.1), kg; |
| DF | = | dilution factor as dertermined in section 4.3.1.1. |

conce

=

concentration of the respective pollutant measured in the diluted exhaust gas, ppm;

concd

=

concentration of the respective pollutant measured in the dilution air, ppm;

MTOTW,i

=

instantaneous mass of the diluted exhaust gas (see section 4.1), kg;

MTOTW

=

total mass of diluted exhaust gas over the cycle (see section 4.1), kg;

DF

=

dilution factor as dertermined in section 4.3.1.1.

4.4.   Calculation of the specific emissions

The emissions (g/kWh) shall be calculated for all individual components in the following way:

Formula

Formula

Formula

where,

| Wact | = | actual cycle work as determined in section 3.9.2, kWh. |
| --- | --- | --- |

Wact

=

actual cycle work as determined in section 3.9.2, kWh.

---

(1)  Based on C1 equivalent.

(2)  Based on C1 equivalent.

ANNEX IX

TIME-LIMITS FOR THE TRANSPOSITION OF THE REPEALED DIRECTIVES INTO NATIONAL LAWS

Referred to in Article 10

Part A

Repealed Directives

| Directives | Official Journal |
| --- | --- |
| Directive 88/77/EEC | L 36, 9.2.1988, p. 33. |
| Directive 91/542/EEC | L 295, 25.10.1991, p. 1. |
| Directive 96/1/EC | L 40, 17.2.1996, p. 1. |
| Directive 1999/96/EC | L 44, 16.2.2000, p. 1. |
| Directive 2001/27/EC | L 107, 18.4.2001, p.10. |

Directives

Official Journal

Directive 88/77/EEC

L 36, 9.2.1988, p. 33.

Directive 91/542/EEC

L 295, 25.10.1991, p. 1.

Directive 96/1/EC

L 40, 17.2.1996, p. 1.

Directive 1999/96/EC

L 44, 16.2.2000, p. 1.

Directive 2001/27/EC

L 107, 18.4.2001, p.10.

Part B

Time limits for transposition into national laws

| Directive | Time-limits for transposition | Date of application |
| --- | --- | --- |
| Directive 88/77/EEC | 1 July 1988 | |
| Directive 91/542/EEC | 1 January 1992 | |
| Directive 96/1/EC | 1 July 1996 | |
| Directive 1999/96/EC | 1 July 2000 | |
| Directive 2001/27/EC | 1 October 2001 | 1 October 2001 |

Directive

Time-limits for transposition

Date of application

Directive 88/77/EEC

1 July 1988

Directive 91/542/EEC

1 January 1992

Directive 96/1/EC

1 July 1996

Directive 1999/96/EC

1 July 2000

Directive 2001/27/EC

1 October 2001

1 October 2001

ANNEX X

CORRELATION TABLE

(Referred to in the second paragraph of Article 10)

| Directive 88/77/EEC | Directive 91/542/EEC | Directive 1999/96/EC | Directive 2001/27/EC | This Directive |
| --- | --- | --- | --- | --- |
| Article 1 | - | | - | Article 1 |
| Article 2(1) | Article 2(1) | Article 2(1) | Article 2(1) | Article 2(4) |
| Article 2(2) | Article 2(2) | Article 2(2) | Article 2(2) | Article 2(1) |
| - | Article 2(3) | - | - | - |
| Article 2(3) | - | - | - | - |
| Article 2(4) | Article 2(4) | Article 2(3) | Article 2(3) | Article 2(2) |
| - | - | - | Article 2(4) | Article 2(3) |
| - | - | - | Article 2(5) | - |
| - | - | Article 2(4) | - | Article 2(5) |
| - | - | Article 2(5) | - | Article 2(6) |
| - | - | Article 2(6) | - | Article 2(7) |
| - | - | Article 2(7) | - | Article 2(8) |
| - | - | Article 2(8) | - | Article 2(9) |
| Article 3 | - | - | - | - |
| - | - | Articles 5 and 6 | - | Article 3 |
| - | - | Article 4 | - | Article 4 |
| - | Article 3(1) | Article 3 (1) | - | Article 6(1) |
| - | Article 3(1)(a) | Article 3(1)(a) | - | Article 6(2) |
| - | Article3(1)(b) | Article3(1)(b) | - | Article 6(3) |
| - | Article 3(2) | Article 3(2) | - | Article6(4) |
| - | Article 3(3) | Article 3(3) | - | Article 6(5) |
| Article 4 | - | - | - | Article 7 |
| Article 6 | Articles 5 and 6 | Article 7 | - | Article 8 |
| Article 5 | Article 4 | Article 8 | Article 3 | Article 9 |
| - | - | - | - | Article 10 |
| - | - | Article 9 | Article 4 | Article 11 |
| Article 7 | Article 7 | Article 10 | Article 5 | Article 12 |
| Annexes I to VII | - | - | - | Annexes I to VII |
| - | - | - | Annex VIII | Annex VIII |
| - | - | - | - | Annex IX |
| - | - | - | - | Annex X |

Directive 88/77/EEC

Directive 91/542/EEC

Directive 1999/96/EC

Directive 2001/27/EC

This Directive

Article 1

-

-

Article 1

Article 2(1)

Article 2(1)

Article 2(1)

Article 2(1)

Article 2(4)

Article 2(2)

Article 2(2)

Article 2(2)

Article 2(2)

Article 2(1)

-

Article 2(3)

-

-

-

Article 2(3)

-

-

-

-

Article 2(4)

Article 2(4)

Article 2(3)

Article 2(3)

Article 2(2)

-

-

-

Article 2(4)

Article 2(3)

-

-

-

Article 2(5)

-

-

-

Article 2(4)

-

Article 2(5)

-

-

Article 2(5)

-

Article 2(6)

-

-

Article 2(6)

-

Article 2(7)

-

-

Article 2(7)

-

Article 2(8)

-

-

Article 2(8)

-

Article 2(9)

Article 3

-

-

-

-

-

-

Articles 5 and 6

-

Article 3

-

-

Article 4

-

Article 4

-

Article 3(1)

Article 3 (1)

-

Article 6(1)

-

Article 3(1)(a)

Article 3(1)(a)

-

Article 6(2)

-

Article3(1)(b)

Article3(1)(b)

-

Article 6(3)

-

Article 3(2)

Article 3(2)

-

Article6(4)

-

Article 3(3)

Article 3(3)

-

Article 6(5)

Article 4

-

-

-

Article 7

Article 6

Articles 5 and 6

Article 7

-

Article 8

Article 5

Article 4

Article 8

Article 3

Article 9

-

-

-

-

Article 10

-

-

Article 9

Article 4

Article 11

Article 7

Article 7

Article 10

Article 5

Article 12

Annexes I to VII

-

-

-

Annexes I to VII

-

-

-

Annex VIII

Annex VIII

-

-

-

-

Annex IX

-

-

-

-

Annex X

P5_TA(2004)0150

Criminal acts and penalties in the field of drug trafficking *

European Parliament legislative resolution on the proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of drug trafficking (15102/2/2003 — C5-0618/2003 — 2001/0114(CNS))

(Consultation procedure — renewed consultation)

The European Parliament,

| — | having regard to the Council draft (15102/2/2003) (1), |
| --- | --- |

—

having regard to the Council draft (15102/2/2003) (1),

| — | having regard to the Commission proposal to the Council (COM(2001) 259) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2001) 259) (2),

| — | having regard to its position of 25 April 2002 (3), |
| --- | --- |

—

having regard to its position of 25 April 2002 (3),

| — | having regard to Articles 31(1)(e) and 34(2)(b) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 31(1)(e) and 34(2)(b) of the EU Treaty,

| — | having been reconsulted by the Council pursuant to Article 39(1) of the EU Treaty, (C5-0618/2003), |
| --- | --- |

—

having been reconsulted by the Council pursuant to Article 39(1) of the EU Treaty, (C5-0618/2003),

| — | having regard to Rules 106, 67 and 71(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106, 67 and 71(3) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0095/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0095/2004),

| 1. | Approves the proposal for a Council framework decision as amended; |
| --- | --- |

1.

Approves the proposal for a Council framework decision as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

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

3.

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

| 4. | Calls on the Commission to continue its work and to bring forward new proposals for the creation of a common judicial area in criminal matters; |
| --- | --- |

4.

Calls on the Commission to continue its work and to bring forward new proposals for the creation of a common judicial area in criminal matters;

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

5.

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

| TEXT PROPOSED BY THE COUNCIL | AMENDEMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 1a (new) |
| | Article 1a




  Scope




  The aim of this Framework Decision is to tackle serious and/or international illegal drug trafficking. |

TEXT PROPOSED BY THE COUNCIL

AMENDEMENTS BY PARLIAMENT

Amendment 1

Article 1a (new)

Article 1a

Scope

The aim of this Framework Decision is to tackle serious and/or international illegal drug trafficking.

---

(1)  Not yet published in OJ.

(2)  OJ C 270 E, 25.9.2001, p. 144.

(3)  OJ C 131 E, 5.6.2003, p. 98.

P5_TA(2004)0151

European Agency for the Management of Operational Co-operation at the External Borders *

European Parliament legislative resolution on the proposal for a Council regulation establishing a European Agency for the Management of Operational Co-operation at the External Borders (COM(2003) 687 — C5-0613/2003 — 2003/0273(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2003) 687) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2003) 687) (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 (C5-0613/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0613/2003),

| — | having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, |
| --- | --- |

—

having regard to the Protocol integrating the Schengen acquis into the framework of the European Union,

| — | 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 opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Budgets (A5-0093/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Budgets (A5-0093/2004),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective without restricting other policies; |
| --- | --- |

2.

Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective without restricting other policies;

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

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

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

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

| 5. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

5.

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;

| 6. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

6.

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

| 7. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

7.

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

| TEXT PROSOSED BY THE COMMISSION | AMENDEMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 1 |
| (1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which
  is
  a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen. | (1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which
  constitutes a measure designed to prevent trafficking in human beings,
  a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen. |
| Amendment 2 |
| Recital 6 |
| (6) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders
  and removal of third country nationals illegally resident in the Member States for officers of the competent national services
  . | (6) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders. |
| Amendment 3 |
| Recital 7a (new) |
| | (7a) In carrying out the above activities the Agency shall act in conformity with the objectives and priorities adopted by the Commission in accordance with Article 12 of Decision 2002/463/EC (2). |
| Amendment 4 |
| Recital 9 |
| (9) The Agency should also support Member States in circumstances requiring increased technical and operational assistance at the external borders. | (9) The Agency should also support Member States in
  exceptional
  circumstances requiring increased technical and operational assistance at the external borders. |
| Amendment 5 |
| Recital 10 |
| (10) In most Member States, the operational aspects of return of third-country nationals illegally residing in the Member States fall under the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at European level, the Agency should, subject to the Community return policy, accordingly co-ordinate and organise return operations of Member States and develop best practices on the acquisition of travel documents and return of third-country nationals from the territories of the Member States. | deleted |
| Amendment 6 |
| Recital 12 |
| (12) Building upon the experiences of the External Borders Practitioners' Common Unit and the centres specialised in the different aspects of control and surveillance of land, air, and maritime borders respectively, which have been set up by Member States, the Agency may itself create specialised branches responsible for dealing with land, air, and maritime borders. | deleted |
| Amendment 7 |
| Recital 16a (new) |
| | (16a) 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 (3) applies to the processing of personal data by the Agency. |
| Amendment 8 |
| Recital 17 |
| (17) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency
  and appoint the Executive Director
  . | (17) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules
  and
  establish transparent working procedures for decision making by the Agency. |
| Amendment 9 |
| Recital 18a (new) |
| | (18a) The control of national borders should remain a sovereign Member State responsibility. |
| Amendment 10 |
| Recital 19 |
| (19) Bearing in mind the constantly changing nature of the challenges to efficient management of the external borders, a possible gradual widening of the scope of action of the Agency should be provided for. Such a wider scope could e. g. encompass tasking the Agency with the carrying out of inspections at the external borders and the facilitation of operational co-operation with relevant third countries and international organisations, taking into account the institutional framework of the European Community. This Regulation should apply to any other area related to the management of the external borders on a basis of a future proposal in accordance with the Treaty establishing the European Community. | deleted |
| Amendment 11 |
| Recital 20 |
| (20) Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management,
  including return of third-country nationals illegally residing in the Member States,
  constitutes an important step in this direction. | (20) Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management, constitutes an important step in this direction. |
| Amendment 12 |
| Recital 26 |
| (26) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union | (26) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union
  , in particular in Article 19 thereof
  . |
| Amendment 13 |
| Article 1, paragraph 2 |
| 2. The Agency shall facilitate the application of
  existing and future
  Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union. | 2. The Agency shall,
  within its remit as laid down in Article 2,
  facilitate the application of Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union. |
| Amendment 14 |
| Article 2, point (ba) (new) |
| | (ba) carry out inspections at the external borders. |
| Amendment 15 |
| Article 2, point (da) (new) |
| | (da) | study measures to ensure the compatibility of technical equipment. |

TEXT PROSOSED BY THE COMMISSION

AMENDEMENTS BY PARLIAMENT

Amendment 1

Recital 1

(1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which
  is
  a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen.

(1) Community policy in the field of the EU external borders aims at an integrated management ensuring a uniform and high level of control and surveillance, which
  constitutes a measure designed to prevent trafficking in human beings,
  a necessary corollary to the free movement of persons within the European Union and a fundamental component of an Area of Freedom, Security and Justice. To this end, the establishment of common rules on standards and procedures for the control of the external borders is foreseen.

Amendment 2

Recital 6

(6) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders
  and removal of third country nationals illegally resident in the Member States for officers of the competent national services
  .

(6) The Agency should provide training at European level for national instructors of border guards and additional training and seminars related to control and surveillance at the external borders.

Amendment 3

Recital 7a (new)

(7a) In carrying out the above activities the Agency shall act in conformity with the objectives and priorities adopted by the Commission in accordance with Article 12 of Decision 2002/463/EC (2).

Amendment 4

Recital 9

(9) The Agency should also support Member States in circumstances requiring increased technical and operational assistance at the external borders.

(9) The Agency should also support Member States in
  exceptional
  circumstances requiring increased technical and operational assistance at the external borders.

Amendment 5

Recital 10

(10) In most Member States, the operational aspects of return of third-country nationals illegally residing in the Member States fall under the competencies of the authorities responsible for controlling the external borders. As there is a clear added value in performing these tasks at European level, the Agency should, subject to the Community return policy, accordingly co-ordinate and organise return operations of Member States and develop best practices on the acquisition of travel documents and return of third-country nationals from the territories of the Member States.

deleted

Amendment 6

Recital 12

(12) Building upon the experiences of the External Borders Practitioners' Common Unit and the centres specialised in the different aspects of control and surveillance of land, air, and maritime borders respectively, which have been set up by Member States, the Agency may itself create specialised branches responsible for dealing with land, air, and maritime borders.

deleted

Amendment 7

Recital 16a (new)

(16a) 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 (3) applies to the processing of personal data by the Agency.

Amendment 8

Recital 17

(17) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency
  and appoint the Executive Director
  .

(17) The Commission and the Member States should be represented within a Management Board in order to control effectively the functions of the Agency. This Board should be entrusted with the necessary powers to establish the budget, verify its execution, adopt the appropriate financial rules
  and
  establish transparent working procedures for decision making by the Agency.

Amendment 9

Recital 18a (new)

(18a) The control of national borders should remain a sovereign Member State responsibility.

Amendment 10

Recital 19

(19) Bearing in mind the constantly changing nature of the challenges to efficient management of the external borders, a possible gradual widening of the scope of action of the Agency should be provided for. Such a wider scope could e. g. encompass tasking the Agency with the carrying out of inspections at the external borders and the facilitation of operational co-operation with relevant third countries and international organisations, taking into account the institutional framework of the European Community. This Regulation should apply to any other area related to the management of the external borders on a basis of a future proposal in accordance with the Treaty establishing the European Community.

deleted

Amendment 11

Recital 20

(20) Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management,
  including return of third-country nationals illegally residing in the Member States,
  constitutes an important step in this direction.

(20) Recalling that efficient control and surveillance of the external borders is a matter of the utmost importance to Member States regardless of their geographical position. Accordingly there is a need for promoting solidarity between Member States in the field of external border management. The establishment of the Agency, assisting Member States with implementing the operational aspects of external border management, constitutes an important step in this direction.

Amendment 12

Recital 26

(26) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union

(26) This Regulation respects the fundamental rights and observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union
  , in particular in Article 19 thereof
  .

Amendment 13

Article 1, paragraph 2

2. The Agency shall facilitate the application of
  existing and future
  Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union.

2. The Agency shall,
  within its remit as laid down in Article 2,
  facilitate the application of Community measures relating to the management of the external borders by ensuring the co-ordination of Member States' actions in the implementation of those measures, thereby contributing to an efficient, high and uniform level of control on persons and surveillance of the external borders of the European Union.

Amendment 14

Article 2, point (ba) (new)

(ba) carry out inspections at the external borders.

Amendment 15

Article 2, point (da) (new)

(da)

Amendment 16

Article 2, point (f)

| (f) | co-ordinate operational co-operation between Member States in the field of removal of third-country nationals illegally residing in the Member States. |
| --- | --- |

(f)

deleted

Amendment 17

Article 2, point (fa) (new)

| (fa) | study the need for and feasibility of setting up a European Border Guard. |
| --- | --- |

(fa)

Amendment 18

Article 2, point (fb) (new)

| (fb) | develop and coordinate a network of liaison officers for migration-related issues. |
| --- | --- |

(fb)

Amendment 19

Article 3, paragraph 2

2. The Agency may operate through its specialised branches provided for in Article 13, for the practical organisation of joint operations and pilot projects.

deleted

Amendment 20

Article 3, paragraph 4

4. The Agency may decide to co-finance the operations and projects referred to in paragraph 1, with grants from its budget in accordance with the financial rules applicable to the Agency.

deleted

Amendment 21

Article 4, paragraph 2

It shall prepare both general and tailored risk assessments to be submitted to the Council and the Commission.

It shall prepare both general and tailored risk assessments to be submitted to the
  European Parliament, the
  Council and the Commission.

Amendment 22

Article 5, paragraph 2

The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders
  and return of third country nationals
  for officers of the competent national services of Member States.

The Agency shall also offer additional training courses and seminars on subjects related to the control and surveillance of the external borders for officers of the competent national services of Member States.

Amendment 23

Article 5, paragraph 2a (new)

The Agency may also hold training seminars at the request of the authorities of the Member States on the European Union's immigration policies and the procedures laid down by the competent institutions.

Amendment 24

Article 6

The Agency shall follow up on the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the Commission and the Member States.

The Agency shall follow up on the developments in research relevant for the control and surveillance of the external borders and disseminate this information to the
  European Parliament, the
  Commission and the Member States.

Amendment 25

Article 9

Article 9

Return co-operation

1. The Agency shall subject to the Community return policy co-ordinate or organise joint return operations of Member States. The Agency may use Community financial means available in the field of return.

2. The Agency shall identify best practices on the acquisition of travel documents and the removal of illegally residing third-country nationals from the territories of the Member States.

deleted

Amendment 26

Article 13

Article 13

Specialised branches

The Agency shall evaluate the need for and decide the setting up of specialised branches in the Member States, subject to their consent.

The specialised branches of the Agency shall develop best practices with regard to the particular types of external borders for which they are responsible. The Agency shall ensure the coherence and uniformity of such best practices.

Each specialised branch shall submit a detailed annual report to the Agency on its activities as well as provide any other type of information relevant for the co-ordination of operational co-operation.

deleted

Amendment 27

Article 14, paragraph 3

3. The Agency's staff shall consist of a limited number of officials and of national experts in the field of control and surveillance of the external borders seconded by the Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency as necessary to carry out its tasks.

3. The Agency's staff shall consist of a limited number of officials
  assigned by the Commission
  and of national experts in the field of control and surveillance of the external borders seconded by the Member States to carry out management duties. The remaining staff shall consist of other employees recruited by the Agency as necessary to carry out its tasks.

Amendment 28

Article 17, paragraph 2, point (a)

| (a) | appoint the Executive Director on a proposal from the Commission in accordance with Article 23; |
| --- | --- |

(a)

deleted

Amendment 29

Article 17, paragraph 2, point (c)

| (c) | before
  30 September
  each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's programme of work for the
  coming
  year and forward it to the European Parliament, the Council, the Commission; this programme of work shall be
  adopted according to
  the annual Community budgetary procedure
  and
  the Community legislative programme in relevant areas of the management of external borders; |
| --- | --- |

(c)

before
  30 September
  each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's programme of work for the
  coming
  year and forward it to the European Parliament, the Council, the Commission; this programme of work shall be
  adopted according to
  the annual Community budgetary procedure
  and
  the Community legislative programme in relevant areas of the management of external borders;

| (c) | before
  31 January
  each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's
  draft
  programme of work for the year
  in question
  and forward it to the European Parliament, the Council, the Commission; this programme of work shall be
  finalised in the light of the outcome of
  the annual Community budgetary procedure;
  it shall take due account of
  the Community legislative programme in relevant areas of the management of external borders; |
| --- | --- |

(c)

before
  31 January
  each year, and after receiving the opinion of the Commission, adopt, by a three-quarters majority of its members, the Agency's
  draft
  programme of work for the year
  in question
  and forward it to the European Parliament, the Council, the Commission; this programme of work shall be
  finalised in the light of the outcome of
  the annual Community budgetary procedure;
  it shall take due account of
  the Community legislative programme in relevant areas of the management of external borders;

Amendment 30

Article 17, paragraph 2, point (ha) (new)

| (ha) | sign memoranda of understanding with the European Police College, the European armaments agency, the European Maritime Safety Agency and other bodies working in the Agency's field of activity on a clear division of responsibilities, so as to avoid duplication of work. |
| --- | --- |

(ha)

Amendment 31

Article 18, paragraph 1

1. The Management Board shall be composed of twelve members
  and two representatives of the Commission
  . The Council shall appoint
  the
  members as well as their alternates who will represent them in their absence.
  The Commission shall appoint its representatives and their alternates.
  The duration of the terms of office shall be four years. This term of office shall be extendable once.

1. The Management Board shall be composed of twelve members. The Council
  and the Commission
  shall
  each
  appoint
  six
  members as well as their alternates who will represent them in their absence. The duration of the terms of office shall be four years. This term of office shall be extendable once.

Amendment 32

Article 18, paragraph 1a (new)

| 1a. | Members of the Management Board shall be appointed on the grounds of their experience in the field of border protection. |
| --- | --- |

1a.

Amendment 33

Article 19

1.
  The Management Board shall
  elect a Chairperson and a Deputy Chairperson from among its members. The Deputy Chairperson shall ex-officio replace the Chairperson in the event of his/her being prevented from attending to his/her duties
  .

The Management Board shall
  be chaired by one of the Commission representatives
  .

2. The term of office of the Chairperson and Deputy Chairperson shall expire when their respective membership of the Management Board ceases. Subject to this provision, the duration of the terms of office of the Chairperson or Deputy Chairperson shall be two years. These terms of office shall be extendable once.

Amendment 34

Article 22, paragraph 1

1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties.
  Without prejudice to the respective competencies of the Commission and the Management Board,
  the Executive Director shall neither seek nor take instructions from any government or from any other body.

1. The Agency shall be managed by its Executive Director, who shall be completely independent in the performance of his/her duties. The Executive Director shall neither seek nor take instructions from any government or from any other body.

Amendment 35

Article 22, paragraph 2

2. The European Parliament or the Council
  may
  invite the Executive Director of the Agency to report on the carrying out of his/her tasks.

2. The European Parliament
  pursuant to Article 23a
  or the Council
  shall
  invite the Executive Director of the Agency to report on the carrying out of his/her tasks.

Amendment 36

Article 23, paragraph 1

1. The Commission shall
  propose candidates for the post of
  the Executive Director based on a list following publication of the post in the Official Journal and other press or internet sites as appropriate.

1. The Commission shall
  appoint
  the Executive Director based on a list following publication of the post in the Official Journal and other press or internet sites as appropriate.

Amendment 37

Article 23, paragraph 1a (new)

| 1a. | The European Parliament may hear the candidates prior to appointment and issue an opinion. |
| --- | --- |

1a.

Amendment 38

Article 23, paragraph 2

2. The Executive Director of the Agency shall be appointed by the
  Management Board
  on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders.
  The Management Board shall take its decision by a two-thirds majority of all members with a right to vote.

2. The Executive Director of the Agency shall be appointed by the
  Commission
  on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders.

Power to dismiss the Executive Director shall be with the
  Management Board, according to the same procedure
  .

Power to dismiss the Executive Director shall be with the
  Commission
  .

Amendment 39

Article 23, paragraphs 3, 4 and 5

3. The Executive Director shall be assisted by a Deputy Executive Director. If the Executive Director is absent or indisposed, the Deputy Executive Director shall take his/her place.

4. The Deputy Executive Director shall be appointed by the Management Board on the grounds of merit and documented administrative and management skills, as well as his/her relevant experience in the field of management of the external borders on the proposal of the Executive Director. The Management Board shall take its decision by a twothirds majority of all members with a right to vote.

Power to dismiss the Deputy Executive Director shall be with the Management Board, according to the same procedure.

5. The
  terms
  of
  the offices
  of the Executive Director
  and the Deputy Executive Director
  shall be five years.
  They
  may be prolonged by the
  Management Board
  once for another period of up to five years.

5. The
  term
  of
  office
  of the Executive Director shall be five years.
  This term of office
  may be prolonged by the
  Commission
  once for another period of up to five years.

Amendment 40

Article 23a (new)

Article 23a

Hearing of the Executive Director before the European Parliament

Each year the Executive Director shall submit and present to the European Parliament the general report on the Agency's activities. The European Parliament may also request at any time a hearing with the Executive Director on any subject related to the Agency's activities.

Amendment 41

Article 24a (new)

Article 24a

Working languages

The Agency shall determine its internal working languages.

Amendment 42

Article 25a (new)

Article 25a

Protection of personal data

1. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Agency.

2. Within six months after the entry into force of the Regulation, the Management Board shall lay down the practical arrangements for the application of paragraph 1.

Amendment 43

Article 26, paragraph 1, indent 4a (new)

— a contribution from the host Member State.

Amendment 44

Article 26, paragraph 3

3. The Executive Director shall draw up an estimate of the revenues and expenditure of the Agency for the following financial year and shall forward it to the Management Board together with
  an
  establishment plan.

3. The Executive Director shall draw up an estimate of the revenues and expenditure of the Agency for the following financial year and shall forward it to the Management Board together with
  a provisional
  establishment plan.

Amendment 45

Article 26, paragraph 6

6. The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority‧) together with the preliminary draft budget of the European Union.

6. The estimate
  and the provisional establishment plan
  shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority‧) together with the preliminary draft budget of the European Union.

Amendment 46

Article 26, paragraph 11, subparagraph 2

Where a branch of
  the budgetary authority
  has notified its intention
  to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

The budgetary authority
  shall notify the Agency whether it intends
  to deliver an opinion. It shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.
  The Management Board shall defer implementation of the project in question until the opinion has been delivered.

Amendment 47

Article 29, paragraph 1

1. Within
  three years
  from the date of the Agency having taken up its responsibilities, and every
  five years
  thereafter, the Management Board shall commission an independent external evaluation on the implementation of this Regulation.

1. Within
  two years
  from the date of the Agency having taken up its responsibilities, and every
  two years
  thereafter, the Management Board shall commission an independent external evaluation on the implementation of this Regulation,
  placing particular emphasis on respect for fundamental rights
  .

Amendment 48

Article 29, paragraph 1a (new)

| 1a. | The first evaluation shall also contain the findings of the Agency of the need for and feasibility of setting up a European Border Guard. |
| --- | --- |

1a.

Amendment 49

Article 29, paragraph 2

2. The evaluation shall examine how effectively the Agency fulfils its mission. It shall also assess the impact of the Agency and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level.

2. The evaluation shall examine how effectively the Agency fulfils its mission. It shall also assess the impact of the Agency
  , its added value
  and its working practices. The evaluation shall take into account the views of stakeholders, at both European and national level.

Amendment 50

Article 29, paragraph 3

3. The Management Board shall receive the findings of the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which
  may
  forward them, together with its own opinion as well as appropriate proposals, to the Council. An action plan with a timetable shall be included, if appropriate. Both the findings and the recommendations of the evaluation shall be made public.

3. The Management Board shall receive the findings of the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which
  shall
  forward them, together with its own opinion as well as appropriate proposals, to the
  European Parliament and the
  Council. An action plan with a timetable shall be included, if appropriate. Both the findings and the recommendations of the evaluation shall be made public.

Amendment 51

Article 30

The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for the Agency's operation and with the Commission's prior consent.

The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for the Agency's operation and with the Commission's prior consent.
  The budgetary authority shall be duly informed of such departure.

Amendment 52

Article 31

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

This Regulation shall enter into force
  once a definitive seat for the Agency has been established.

The Agency shall take up its responsibilities from 1 January 2005.

The decision on the seat shall be taken following a procedure in which Member States interested in obtaining the seat make an offer as to what they are prepared to contribute to the Agency. They shall outline inter alia whether they are willing to provide a building, what other assistance might be given and the expertise available in the Member State in the fields of activity of the Agency.

The decision on the seat of the Agency shall be taken by the Council not later than 31 December 2004. The Member State designated to host the Agency shall contribute financially to its setting up.

---

(1)  Not yet published in OJ.

(2)  
  Council Decision 2002/463/EC of 13 June 2002 adopting an action programme for administrative cooperation in the fields of external borders, visas, asylum and immigration (ARGO programme) (OJ L 161, 19.6.2002, p. 11).

(3)  

  OJ L 8, 12.1.2001, p. 1.

P5_TA(2004)0152

Work, the family and private life

European Parliament resolution on reconciling professional, family and private lives (2003/2129(INI))

The European Parliament,

| — | having regard to its resolution of 9 June 1983 on family policy in the European Community (1), |
| --- | --- |

—

having regard to its resolution of 9 June 1983 on family policy in the European Community (1),

| — | having regard to the Conclusions of the Council and of the ministers responsible for family affairs of 29 September 1989 regarding family policies (2), |
| --- | --- |

—

having regard to the Conclusions of the Council and of the ministers responsible for family affairs of 29 September 1989 regarding family policies (2),

| — | having regard to the Council Recommendation 92/241/EEC of 31 March 1992 on child care (3), |
| --- | --- |

—

having regard to the Council Recommendation 92/241/EEC of 31 March 1992 on child care (3),

| — | having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (4), |
| --- | --- |

—

having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (4),

| — | having regard to its resolution of 14 December 1994 on protection of families and family units at the close of the International Year of the Family (5), |
| --- | --- |

—

having regard to its resolution of 14 December 1994 on protection of families and family units at the close of the International Year of the Family (5),

| — | having regard to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (6), |
| --- | --- |

—

having regard to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (6),

| — | having regard to its resolution of 28 January 1999 on the protection of families and children (7), |
| --- | --- |

—

having regard to its resolution of 28 January 1999 on the protection of families and children (7),

| — | having regard to the resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council of 29 June 2000 on the balanced participation of women and men in family and working life (8), |
| --- | --- |

—

having regard to the resolution of the Council and of the Ministers for Employment and Social Policy, meeting within the Council of 29 June 2000 on the balanced participation of women and men in family and working life (8),

| — | having regard to the indicators on combining family and professional life adopted by the European Council in 2000, |
| --- | --- |

—

having regard to the indicators on combining family and professional life adopted by the European Council in 2000,

| — | having regard to Article 9 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 9 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Joint Report by the Commission and the Council of March 2003 on supporting national strategies for the future of health care and care for the elderly, |
| --- | --- |

—

having regard to the Joint Report by the Commission and the Council of March 2003 on supporting national strategies for the future of health care and care for the elderly,

| — | having regard to the fact that 2004 has been proclaimed International Year of the Family, |
| --- | --- |

—

having regard to the fact that 2004 has been proclaimed International Year of the Family,

| — | whereas 2004 marks the tenth anniversary of the proclamation by the UN General Assembly of ‘International Day of Families‧ which has been celebrated every year (on 15 May), |
| --- | --- |

—

whereas 2004 marks the tenth anniversary of the proclamation by the UN General Assembly of ‘International Day of Families‧ which has been celebrated every year (on 15 May),

| — | having regard to Article 136, Article 137(1) and Article 141(3) of the Treaty establishing the European Community, |
| --- | --- |

—

having regard to Article 136, Article 137(1) and Article 141(3) of the Treaty establishing the European Community,

| — | 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 Women's Rights and Equal Opportunities and the opinion of the Committee on Employment and Social Affairs (A5-0092/2004), |
| --- | --- |

—

having regard to the report of the Committee on Women's Rights and Equal Opportunities and the opinion of the Committee on Employment and Social Affairs (A5-0092/2004),

| A. | whereas one of the aims of the European Union is to promote employment and improve living and working conditions, |
| --- | --- |

A.

whereas one of the aims of the European Union is to promote employment and improve living and working conditions,

| B. | whereas the European Union supports and complements the activities of the Member States with a view to achieving the objectives set out in Article 136 of the EC Treaty, in particular in the fields of equality between men and women with regard to labour market opportunities and treatment at work, |
| --- | --- |

B.

whereas the European Union supports and complements the activities of the Member States with a view to achieving the objectives set out in Article 136 of the EC Treaty, in particular in the fields of equality between men and women with regard to labour market opportunities and treatment at work,

| C. | whereas, with regard to Article 141(3) of the EC Treaty, it is important to protect male and female employees exercising the rights inherent in fatherhood, motherhood or the combination of professional and family lives, |
| --- | --- |

C.

whereas, with regard to Article 141(3) of the EC Treaty, it is important to protect male and female employees exercising the rights inherent in fatherhood, motherhood or the combination of professional and family lives,

| D. | whereas the European Council in Lisbon in March 2000 recognised that it was important to improve all aspects of equal opportunities, in particular by making it easier to reconcile professional and family life, and that such measures should help to ensure that, by 2010, the proportion of women in employment is more than 60 %, |
| --- | --- |

D.

whereas the European Council in Lisbon in March 2000 recognised that it was important to improve all aspects of equal opportunities, in particular by making it easier to reconcile professional and family life, and that such measures should help to ensure that, by 2010, the proportion of women in employment is more than 60 %,

| E. | whereas the European Council in Barcelona in March 2002 concluded that the Member States should eliminate obstacles to the participation of women in the labour market and set up, by 2010, childcare facilities for at least 90 % of children between three years old and the mandatory school age and for at least 33 % of children under three years old, which facilities must be equally available in towns and in rural areas, |
| --- | --- |

E.

whereas the European Council in Barcelona in March 2002 concluded that the Member States should eliminate obstacles to the participation of women in the labour market and set up, by 2010, childcare facilities for at least 90 % of children between three years old and the mandatory school age and for at least 33 % of children under three years old, which facilities must be equally available in towns and in rural areas,

| F. | whereas the Member States may commit to allowing men and women to reconcile family responsibilities and professional responsibilities, as envisaged in the Beijing Programme of Action, |
| --- | --- |

F.

whereas the Member States may commit to allowing men and women to reconcile family responsibilities and professional responsibilities, as envisaged in the Beijing Programme of Action,

| G. | whereas making allowance for the combining of professional and personal lives contributes to the personal fulfilment of men and women, promotes an increase in the rate of employment of women and, hence, in the overall employment rate and in the birth rate, |
| --- | --- |

G.

whereas making allowance for the combining of professional and personal lives contributes to the personal fulfilment of men and women, promotes an increase in the rate of employment of women and, hence, in the overall employment rate and in the birth rate,

| H. | whereas making allowance for reconciling the different stages of life is not a financial burden for businesses but a useful and relevant investment which will promote long-term growth, |
| --- | --- |

H.

whereas making allowance for reconciling the different stages of life is not a financial burden for businesses but a useful and relevant investment which will promote long-term growth,

| I. | whereas women must be able to choose whether to work, even if they have children, or to stay at home, |
| --- | --- |

I.

whereas women must be able to choose whether to work, even if they have children, or to stay at home,

| J. | whereas the rights of children must be one of the cornerstones at the heart of family policies, |
| --- | --- |

J.

whereas the rights of children must be one of the cornerstones at the heart of family policies,

| K. | whereas, in the European Union, 17 % of the population is under 15 years old, 16 % of the population is over 65 years old and people with disabilities make up between 10 % and 12 % of the population; whereas, furthermore, at least 15 % of children suffer, to varying degrees, from specific learning difficulties (dyslexia, dyspraxia, dyscalculia, attention deficit disorder, etc.), |
| --- | --- |

K.

whereas, in the European Union, 17 % of the population is under 15 years old, 16 % of the population is over 65 years old and people with disabilities make up between 10 % and 12 % of the population; whereas, furthermore, at least 15 % of children suffer, to varying degrees, from specific learning difficulties (dyslexia, dyspraxia, dyscalculia, attention deficit disorder, etc.),

| 1. | Underlines that the European Employment Strategy and the Lisbon Strategy aim at increasing the fairness of employment for women and men and at supporting the social changes needed for this; calls on the Commission, therefore, to give practical effect to the employment guidelines by clarifying the action programmes used to co-finance active measures on national labour markets to promote equal opportunities; |
| --- | --- |

1.

Underlines that the European Employment Strategy and the Lisbon Strategy aim at increasing the fairness of employment for women and men and at supporting the social changes needed for this; calls on the Commission, therefore, to give practical effect to the employment guidelines by clarifying the action programmes used to co-finance active measures on national labour markets to promote equal opportunities;

| 2. | Points out that the adoption of policies and the taking of measures to promote the reconciliation of professional and private life will also make a decisive contribution to tackling the demographic problem faced by the majority of the Member States; |
| --- | --- |

2.

Points out that the adoption of policies and the taking of measures to promote the reconciliation of professional and private life will also make a decisive contribution to tackling the demographic problem faced by the majority of the Member States;

| 3. | Considers that family policy should create conditions which enable parents to spend more time with their children and that in many cases a more equal division of parents' time between paid work and caring for their children would lead to better contact between parents and children and also have a positive effect on family formation and family stability and considers that a general reduction of daily working time is the best way of combining work and family life; |
| --- | --- |

3.

Considers that family policy should create conditions which enable parents to spend more time with their children and that in many cases a more equal division of parents' time between paid work and caring for their children would lead to better contact between parents and children and also have a positive effect on family formation and family stability and considers that a general reduction of daily working time is the best way of combining work and family life;

| 4. | Is convinced that the significant pay gap between men and women is both a major cause and a result of the present unequal division and value of labour as between men and women; |
| --- | --- |

4.

Is convinced that the significant pay gap between men and women is both a major cause and a result of the present unequal division and value of labour as between men and women;

| 5. | Encourages the Commission to draw up, on the basis of the indicators on combining professional and family life adopted by the European Council in 2000, a follow-up report on the situation in the Member States and accession states, and at the same time encourages the Member States to develop various forms of cooperation and networks for the exchange of good practices, in order to obtain accurate information on the actual situation; |
| --- | --- |

5.

Encourages the Commission to draw up, on the basis of the indicators on combining professional and family life adopted by the European Council in 2000, a follow-up report on the situation in the Member States and accession states, and at the same time encourages the Member States to develop various forms of cooperation and networks for the exchange of good practices, in order to obtain accurate information on the actual situation;

| 6. | Calls on the Member States and accession states to reconsider the national systems for gathering data and gradually to perfect them, in order to ensure that statistics for the nine indicators adopted by the European Council in 2000 can be produced every year; also calls on the Member States and the accession states to create Internet sites incorporating data banks on existing support structures; |
| --- | --- |

6.

Calls on the Member States and accession states to reconsider the national systems for gathering data and gradually to perfect them, in order to ensure that statistics for the nine indicators adopted by the European Council in 2000 can be produced every year; also calls on the Member States and the accession states to create Internet sites incorporating data banks on existing support structures;

| 7. | Encourages the Member States and accession states to analyse the impact of their policies on families (family mainstreaming), while at the same time calling on them to separate gender mainstreaming and family mainstreaming; also calls on the Commission, in the context of its communication of 2002 on impact assessment (COM(2002) 276), to take account of the various dimensions and definitions of the family in order to identify the social impact of the measures proposed; |
| --- | --- |

7.

Encourages the Member States and accession states to analyse the impact of their policies on families (family mainstreaming), while at the same time calling on them to separate gender mainstreaming and family mainstreaming; also calls on the Commission, in the context of its communication of 2002 on impact assessment (COM(2002) 276), to take account of the various dimensions and definitions of the family in order to identify the social impact of the measures proposed;

| 8. | Urges the Commission to take the measures needed to draw up a European Parliament and Council framework directive on reconciling professional, family and private lives, with a view to implementing the ad hoc Council resolution of 29 June 2000 and the conclusions of the European Council in Barcelona; |
| --- | --- |

8.

Urges the Commission to take the measures needed to draw up a European Parliament and Council framework directive on reconciling professional, family and private lives, with a view to implementing the ad hoc Council resolution of 29 June 2000 and the conclusions of the European Council in Barcelona;

| 9. | Calls upon the EU institutions to improve their employees' opportunities for combining work, family and personal life throughout life, using innovative models for working time and work organisation and bearing in mind that both sexes must have equal opportunites and responsibilities and that, as a minimum, the social policies acquis of the Union is fully reflected in the working conditions of all its staff; |
| --- | --- |

9.

Calls upon the EU institutions to improve their employees' opportunities for combining work, family and personal life throughout life, using innovative models for working time and work organisation and bearing in mind that both sexes must have equal opportunites and responsibilities and that, as a minimum, the social policies acquis of the Union is fully reflected in the working conditions of all its staff;

| 10. | Calls on the Commission to organise an annual conference on ‘Reconciling work and family life‧ together with the European social partners, the Member States, NGOs and representatives of the EP's competent committees in order to take stock of progress made and to analyse outstanding problems and find solutions; |
| --- | --- |

10.

Calls on the Commission to organise an annual conference on ‘Reconciling work and family life‧ together with the European social partners, the Member States, NGOs and representatives of the EP's competent committees in order to take stock of progress made and to analyse outstanding problems and find solutions;

| 11. | Recommends that the Commission conduct an awareness-raising campaign and introduce pilot projects to facilitate the balanced participation of women and men in professional and family life; |
| --- | --- |

11.

Recommends that the Commission conduct an awareness-raising campaign and introduce pilot projects to facilitate the balanced participation of women and men in professional and family life;

| 12. | Urges the Member States and accession states to promote information and awareness-raising campaigns in order to change attitudes so as to bring about better sharing of family responsibilities within couples among both the general population and specific target groups; |
| --- | --- |

12.

Urges the Member States and accession states to promote information and awareness-raising campaigns in order to change attitudes so as to bring about better sharing of family responsibilities within couples among both the general population and specific target groups;

| 13. | Observes that private households can also be a source of qualified jobs in the field of running the household, bringing up children and care, and calls on the Member States to promote home economics as an occupational field; |
| --- | --- |

13.

Observes that private households can also be a source of qualified jobs in the field of running the household, bringing up children and care, and calls on the Member States to promote home economics as an occupational field;

| 14. | Suggests that each Member State and accession state draw up an information and awareness-raising guide for the social partners, for business leaders, human resources directors and employees, setting out arguments in favour of promoting good practices with the aim of reconciling professional and family life more effectively; |
| --- | --- |

14.

Suggests that each Member State and accession state draw up an information and awareness-raising guide for the social partners, for business leaders, human resources directors and employees, setting out arguments in favour of promoting good practices with the aim of reconciling professional and family life more effectively;

| 15. | Notes that, alongside support for parents in caring for children and persons in need of care in the form of regular allowances and tax exemptions or reductions, a new way should be found to offer parents greater freedom of choice, for example in the form of cash benefits or vouchers (childcare vouchers, vouchers for the recruitment of home helps, service vouchers or coupons) and, moreover, that those who opt to work within the family and to bring up children must enjoy the same social protection in old age as those who have been gainfully employed; |
| --- | --- |

15.

Notes that, alongside support for parents in caring for children and persons in need of care in the form of regular allowances and tax exemptions or reductions, a new way should be found to offer parents greater freedom of choice, for example in the form of cash benefits or vouchers (childcare vouchers, vouchers for the recruitment of home helps, service vouchers or coupons) and, moreover, that those who opt to work within the family and to bring up children must enjoy the same social protection in old age as those who have been gainfully employed;

| 16. | Recommends the adoption of fiscal policies which neither discriminate against the family nor penalise households on the basis of size; welcomes policies with social aims of this kind already adopted successfully by the Member States and by regional and municipal authorities, within the scope of their respective competences; furthermore, and without prejudice to the principle of subsidiarity, considers that if there are discriminatory weightings in policies governing taxation, other levies and tariffs, they should be of a positive nature, favouring families and their unifying role, and never negative forms of discrimination penalising families, in particular larger households; |
| --- | --- |

16.

Recommends the adoption of fiscal policies which neither discriminate against the family nor penalise households on the basis of size; welcomes policies with social aims of this kind already adopted successfully by the Member States and by regional and municipal authorities, within the scope of their respective competences; furthermore, and without prejudice to the principle of subsidiarity, considers that if there are discriminatory weightings in policies governing taxation, other levies and tariffs, they should be of a positive nature, favouring families and their unifying role, and never negative forms of discrimination penalising families, in particular larger households;

| 17. | Emphasises the need to introduce specific allowances in all the Member States and accession states, especially for children with disabilities, families with a large number of children or multiple births and to help low-income families with three children or more; |
| --- | --- |

17.

Emphasises the need to introduce specific allowances in all the Member States and accession states, especially for children with disabilities, families with a large number of children or multiple births and to help low-income families with three children or more;

| 18. | Notes the specific needs of single-parent families, of which the parent is most often a woman, and hence calls on the Member States and accession states to increase aid to such families, to increase the credit given for periods spent bringing up children and to guarantee individual social security rights; |
| --- | --- |

18.

Notes the specific needs of single-parent families, of which the parent is most often a woman, and hence calls on the Member States and accession states to increase aid to such families, to increase the credit given for periods spent bringing up children and to guarantee individual social security rights;

| 19. | Calls on the Member States and accession countries to use an ‘audit for a family-friendly working environment‧ to encourage firms to implement a family-oriented personnel policy; |
| --- | --- |

19.

Calls on the Member States and accession countries to use an ‘audit for a family-friendly working environment‧ to encourage firms to implement a family-oriented personnel policy;

| 20. | Calls on the Member States to consider that part of the expenditure incurred by businesses relating to employees with families should be borne by the State, since measures eligible for a tax rebate of this sort might, for example, encourage part-time work, the involvement of employers in paying for childcare, and recruiting people to replace those on maternity, paternity and parental leave and so on; |
| --- | --- |

20.

Calls on the Member States to consider that part of the expenditure incurred by businesses relating to employees with families should be borne by the State, since measures eligible for a tax rebate of this sort might, for example, encourage part-time work, the involvement of employers in paying for childcare, and recruiting people to replace those on maternity, paternity and parental leave and so on;

| 21. | Welcomes the conclusions of the European Council in Barcelona, which commit the Member States to eliminating obstacles to the participation of women in the labour market and to introducing by 2010 childcare for 90 % of children between three years of age and the mandatory school age, and for at least 33 % of children under three; emphasis, however, that in order to achieve these objectives, national, regional or local authorities must step up their financial contributions towards the creation and/or operation of high-quality childcare services at affordable prices; |
| --- | --- |

21.

Welcomes the conclusions of the European Council in Barcelona, which commit the Member States to eliminating obstacles to the participation of women in the labour market and to introducing by 2010 childcare for 90 % of children between three years of age and the mandatory school age, and for at least 33 % of children under three; emphasis, however, that in order to achieve these objectives, national, regional or local authorities must step up their financial contributions towards the creation and/or operation of high-quality childcare services at affordable prices;

| 22. | Is deeply concerned about the work/family situation in the new Member States where previous child care infrastructures have largely been demolished; |
| --- | --- |

22.

Is deeply concerned about the work/family situation in the new Member States where previous child care infrastructures have largely been demolished;

| 23. | Calls on the Member States and the accession states to encourage flexibility and diversity in services for the care of children, the elderly and other dependants, in order to increase choice and cater for the preferences, needs and specific circumstances of children and their parents (especially children with special needs), including the availability of such services in all areas and regions of the Member States and accession states; |
| --- | --- |

23.

Calls on the Member States and the accession states to encourage flexibility and diversity in services for the care of children, the elderly and other dependants, in order to increase choice and cater for the preferences, needs and specific circumstances of children and their parents (especially children with special needs), including the availability of such services in all areas and regions of the Member States and accession states;

| 24. | Also encourages the national, regional and local authorities, the social partners, businesses and other competent entities to facilitate the development of mini-crèches in firms or groups of firms, as well as the flexibility of working hours, school timetables (including extracurricular activities and supervised homework) and the timetables of urban services (in particular opening hours of service-providers and shops, transport, and so on); |
| --- | --- |

24.

Also encourages the national, regional and local authorities, the social partners, businesses and other competent entities to facilitate the development of mini-crèches in firms or groups of firms, as well as the flexibility of working hours, school timetables (including extracurricular activities and supervised homework) and the timetables of urban services (in particular opening hours of service-providers and shops, transport, and so on);

| 25. | Recommends, without prejudice to the principle of subsidiarity, that the Member States and regional and municipal authorities, within the scope of their respective competences, devise and pursue family-friendly housing and town-planning policies, creating inclusive and ‘human‧ urban environments with a sense of community and space in order to meet the basic needs of households consisting of several generations (children and young people, people of working age and retired, elderly people) under conditions likely to promote the compatibility of the school, professional, personal and family lives of all their members; |
| --- | --- |

25.

Recommends, without prejudice to the principle of subsidiarity, that the Member States and regional and municipal authorities, within the scope of their respective competences, devise and pursue family-friendly housing and town-planning policies, creating inclusive and ‘human‧ urban environments with a sense of community and space in order to meet the basic needs of households consisting of several generations (children and young people, people of working age and retired, elderly people) under conditions likely to promote the compatibility of the school, professional, personal and family lives of all their members;

| 26. | Urges the Member States and the accession states to facilitate access to paid parental leave with a non-transferable portion, respecting freedom of choice for parents, as well as access to other forms of long-term leave, including career breaks, as well as special short-term leave (leave for breast-feeding or where a family member is ill), whilst envisaging a degree of flexibility in the organisation of leave, in order to facilitate the resumption of work by those returning to the labour market; |
| --- | --- |

26.

Urges the Member States and the accession states to facilitate access to paid parental leave with a non-transferable portion, respecting freedom of choice for parents, as well as access to other forms of long-term leave, including career breaks, as well as special short-term leave (leave for breast-feeding or where a family member is ill), whilst envisaging a degree of flexibility in the organisation of leave, in order to facilitate the resumption of work by those returning to the labour market;

| 27. | Calls on the Member States and accession states to implement fully Directive 75/117/EEC (9) on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, and to take decisions on parental leave and other periods of absence on the basis, inter alia, of equal pay; |
| --- | --- |

27.

Calls on the Member States and accession states to implement fully Directive 75/117/EEC (9) on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, and to take decisions on parental leave and other periods of absence on the basis, inter alia, of equal pay;

| 28. | Calls for ancillary training and further training measures to be stepped up in order to ensure the integration of those returning to the labour market, including those returning after sabbatical leave, in which connection special care should be taken to ensure that it is possible to take advantage of further vocational training courses during parental leave; |
| --- | --- |

28.

Calls for ancillary training and further training measures to be stepped up in order to ensure the integration of those returning to the labour market, including those returning after sabbatical leave, in which connection special care should be taken to ensure that it is possible to take advantage of further vocational training courses during parental leave;

| 29. | Recalls that learning throughout the entire working life as well as access for women to the information society, is possible only if study leave is financially viable, by means of either public funding or employment-related arrangements; |
| --- | --- |

29.

Recalls that learning throughout the entire working life as well as access for women to the information society, is possible only if study leave is financially viable, by means of either public funding or employment-related arrangements;

| 30. | Also emphasises the importance of flexible working hours and distance working, where possible, which allow both male and female employees to meet their professional, family and educational responsibilities, with a balance being struck between their interests and those of the employer; |
| --- | --- |

30.

Also emphasises the importance of flexible working hours and distance working, where possible, which allow both male and female employees to meet their professional, family and educational responsibilities, with a balance being struck between their interests and those of the employer;

| 31. | Considers it essential to promote quality part-time work for both men and women; emphasises, however, that part-time work may be an effective way of reconciling family and employment and promoting equality of opportunity only if people of all levels of qualification are able to secure part-time work, if long-term career prospects are not affected, the level of social protection provided is reasonable and the workload is manageable; |
| --- | --- |

31.

Considers it essential to promote quality part-time work for both men and women; emphasises, however, that part-time work may be an effective way of reconciling family and employment and promoting equality of opportunity only if people of all levels of qualification are able to secure part-time work, if long-term career prospects are not affected, the level of social protection provided is reasonable and the workload is manageable;

| 32. | Criticises the fact that the issue of assistance for the oldest section of the population is not receiving the attention it deserves, and urges the Member States to promote adequate provision of high-quality services, including domestic help for the elderly, provided by staff with adequate training; |
| --- | --- |

32.

Criticises the fact that the issue of assistance for the oldest section of the population is not receiving the attention it deserves, and urges the Member States to promote adequate provision of high-quality services, including domestic help for the elderly, provided by staff with adequate training;

| 33. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States and the accession countries. |
| --- | --- |

33.

Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States and the accession countries.

---

(1)  OJ C 184, 11.7.1983, p. 116.

(2)  OJ C 277, 31.10.1989, p. 2.

(3)  OJ L 123, 8.5.1992, p. 16.

(4)  OJ L 348, 28.11.1992, p. 1.

(5)  OJ C 18, 23.1.1995, p. 96.

(6)  OJ L 145, 19.6.1996, p. 4.

(7)  OJ C 128, 7.5.1999, p. 79.

(8)  OJ C 218, 31.7.2000, p. 5.

(9)  OJ L 45, 19.2.1975, p. 19.

P5_TA(2004)0153

Women from minority groups in the European Union

European Parliament resolution on the situation of women from minority groups in the European Union (2003/2109(INI))

The European Parliament,

| — | having regard to the EC Treaty, especially Article 2, Article 3(2), Articles 6 and 13 and Article 141(4), |
| --- | --- |

—

having regard to the EC Treaty, especially Article 2, Article 3(2), Articles 6 and 13 and Article 141(4),

| — | having regard to the Universal Declaration on Human Rights, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the United Nations pacts on civil and political rights and economic, social and cultural rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms, which recognise that every individual's right to equality before the law and protection against discrimination is a universal right and which have been signed by all the Member States, |
| --- | --- |

—

having regard to the Universal Declaration on Human Rights, the United Nations Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the United Nations pacts on civil and political rights and economic, social and cultural rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms, which recognise that every individual's right to equality before the law and protection against discrimination is a universal right and which have been signed by all the Member States,

| — | having regard to the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the 1995 Beijing Platform for Action, which recognise the gender dimension in ethnic discrimination, |
| --- | --- |

—

having regard to the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the 1995 Beijing Platform for Action, which recognise the gender dimension in ethnic discrimination,

| — | having regard to Convention No 111 of the International Labour Organisation, which prohibits discrimination in employment and work, |
| --- | --- |

—

having regard to Convention No 111 of the International Labour Organisation, which prohibits discrimination in employment and work,

| — | having regard to Articles 21 and 26 of the Charter of Fundamental Rights of the European Union (1), |
| --- | --- |

—

having regard to Articles 21 and 26 of the Charter of Fundamental Rights of the European Union (1),

| — | having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2), |
| --- | --- |

—

having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2),

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3),

| — | having regard to Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (4), |
| --- | --- |

—

having regard to Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (4),

| — | having regard to the Communication from the Commission of 14 April 2000 to the Member States establishing the guidelines for the Community initiative ‘Equal‧ concerning transnational cooperation to promote new means of combating all forms of discrimination and inequalities in connection with the labour market (5), |
| --- | --- |

—

having regard to the Communication from the Commission of 14 April 2000 to the Member States establishing the guidelines for the Community initiative ‘Equal‧ concerning transnational cooperation to promote new means of combating all forms of discrimination and inequalities in connection with the labour market (5),

| — | having regard to Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (6), |
| --- | --- |

—

having regard to Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (6),

| — | having regard to Council Decision 2001/51/EC of 20 December 2000 establishing a programme relating to the Community framework strategy on gender equality (2001-2005) (7), |
| --- | --- |

—

having regard to Council Decision 2001/51/EC of 20 December 2000 establishing a programme relating to the Community framework strategy on gender equality (2001-2005) (7),

| — | having regard to the Commission Communication of 10 October 2001 to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the draft joint report on social inclusion (COM(2001) 565), |
| --- | --- |

—

having regard to the Commission Communication of 10 October 2001 to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the draft joint report on social inclusion (COM(2001) 565),

| — | having regard to the Council Decision 2001/903/EC of 3 December 2001 on the European Year of People with Disabilities 2003 (8), |
| --- | --- |

—

having regard to the Council Decision 2001/903/EC of 3 December 2001 on the European Year of People with Disabilities 2003 (8),

| — | having regard to Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (9), |
| --- | --- |

—

having regard to Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (9),

| — | having regard to the Communication from the Commission to the Council and the European Parliament of 24 January 2003 entitled ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities‧(COM(2003) 16), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament of 24 January 2003 entitled ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities‧(COM(2003) 16),

| — | having regard to the Council resolution of 6 February 2003 on social inclusion through social dialogue and partnership (10), |
| --- | --- |

—

having regard to the Council resolution of 6 February 2003 on social inclusion through social dialogue and partnership (10),

| — | having regard to the Council resolution of 15 July 2003 on promoting the employment and social integration of people with disabilities (11), |
| --- | --- |

—

having regard to the Council resolution of 15 July 2003 on promoting the employment and social integration of people with disabilities (11),

| — | having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 30 October 2003 entitled ‘Equal opportunities for people with disabilities: a European action plan‧ (COM(2003) 650), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 30 October 2003 entitled ‘Equal opportunities for people with disabilities: a European action plan‧ (COM(2003) 650),

| — | having regard to the Council's conclusions of 1 and 2 December 2003 on promotion of equal opportunities for people with disabilities, |
| --- | --- |

—

having regard to the Council's conclusions of 1 and 2 December 2003 on promotion of equal opportunities for people with disabilities,

| — | having regard to the conclusions of the Council of Europe's working group on discrimination against women with disabilities, |
| --- | --- |

—

having regard to the conclusions of the Council of Europe's working group on discrimination against women with disabilities,

| — | 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 Women's Rights and Equal Opportunities (A5-0102/2004), |
| --- | --- |

—

having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0102/2004),

| A. | whereas, in accordance with Article 6 of the EU Treaty, the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; whereas these principles must include respect for the diversity of the peoples living in the EU, as regards their culture, language and ethnic origin, and respect for, and the taking into account of, the interests and concerns of all groups and minorities, |
| --- | --- |

A.

whereas, in accordance with Article 6 of the EU Treaty, the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; whereas these principles must include respect for the diversity of the peoples living in the EU, as regards their culture, language and ethnic origin, and respect for, and the taking into account of, the interests and concerns of all groups and minorities,

| B. | whereas EU legislation prohibits any discrimination based on race or ethnic origin in areas such as employment, education, occupational training, social protection and social security, health care, social benefits, access to goods and services and the supply of goods and services, |
| --- | --- |

B.

whereas EU legislation prohibits any discrimination based on race or ethnic origin in areas such as employment, education, occupational training, social protection and social security, health care, social benefits, access to goods and services and the supply of goods and services,

| C. | whereas the Copenhagen criteria for the candidate countries' accession to the EU also make reference to the protection of minorities, |
| --- | --- |

C.

whereas the Copenhagen criteria for the candidate countries' accession to the EU also make reference to the protection of minorities,

| D. | whereas under Article 3(2) of the EC Treaty, the Community aims to eliminate inequalities and to promote equality between men and women, in particular, as women are often victims of multiple forms of discrimination, |
| --- | --- |

D.

whereas under Article 3(2) of the EC Treaty, the Community aims to eliminate inequalities and to promote equality between men and women, in particular, as women are often victims of multiple forms of discrimination,

| E. | whereas women's NGOs and their networks make a considerable contribution to upholding women's rights and combating discrimination against women, |
| --- | --- |

E.

whereas women's NGOs and their networks make a considerable contribution to upholding women's rights and combating discrimination against women,

| F. | whereas EU legislation prohibits any discrimination relating to disability in employment and occupation, |
| --- | --- |

F.

whereas EU legislation prohibits any discrimination relating to disability in employment and occupation,

| G. | whereas disabled women experience the same sort of discrimination, compared with disabled men, as is generally experienced by women compared with men, and also compared with non-disabled women, as well as having all the disadvantages of a disability, although the disadvantages vary according to the nature and severity of the disability, |
| --- | --- |

G.

whereas disabled women experience the same sort of discrimination, compared with disabled men, as is generally experienced by women compared with men, and also compared with non-disabled women, as well as having all the disadvantages of a disability, although the disadvantages vary according to the nature and severity of the disability,

| H. | whereas it is of prime importance to implement policies that will enable disabled women to lead an independent life, allow them to support themselves through work, where this is possible, choose their private, professional and family life, have access to education, employment and public and private places, and enable the whole of society to benefit from their experience, abilities and talents; whereas policies for disabled people must be devised, adopted and assessed with the aim of ensuring equal treatment for disabled women, |
| --- | --- |

H.

whereas it is of prime importance to implement policies that will enable disabled women to lead an independent life, allow them to support themselves through work, where this is possible, choose their private, professional and family life, have access to education, employment and public and private places, and enable the whole of society to benefit from their experience, abilities and talents; whereas policies for disabled people must be devised, adopted and assessed with the aim of ensuring equal treatment for disabled women,

| I. | whereas the critical areas for improving the status of disabled women are the promotion of education and training, employment, social policy, involvement in decision-making, participation and integration in social and cultural life, the right to sexuality, health and motherhood and the right to found a family, protection against violence and sexual abuse, promotion of self-esteem, promotion of networks and organisations for disabled women and their involvement in decision-making, and improvement of the media image of disabled women, |
| --- | --- |

I.

whereas the critical areas for improving the status of disabled women are the promotion of education and training, employment, social policy, involvement in decision-making, participation and integration in social and cultural life, the right to sexuality, health and motherhood and the right to found a family, protection against violence and sexual abuse, promotion of self-esteem, promotion of networks and organisations for disabled women and their involvement in decision-making, and improvement of the media image of disabled women,

| J. | whereas migrant women represent on average 50 % of the immigrant population in the EU and their economic contribution is significant for the survival of their families and the economic stability of their countries of origin; whereas these women are very often faced with double or multiple forms of discrimination, as women in their communities and because of their ethnic origin, |
| --- | --- |

J.

whereas migrant women represent on average 50 % of the immigrant population in the EU and their economic contribution is significant for the survival of their families and the economic stability of their countries of origin; whereas these women are very often faced with double or multiple forms of discrimination, as women in their communities and because of their ethnic origin,

| K. | whereas racism, xenophobia and discrimination encountered by migrant women are common occurrences throughout the EU; whereas these contribute to poverty and social exclusion and, consequently, make it difficult to get access to resources and basic social services, such as health care, housing, welfare and social protection benefits, and access to the employment market, education, training and promotion, rates of pay and social security, |
| --- | --- |

K.

whereas racism, xenophobia and discrimination encountered by migrant women are common occurrences throughout the EU; whereas these contribute to poverty and social exclusion and, consequently, make it difficult to get access to resources and basic social services, such as health care, housing, welfare and social protection benefits, and access to the employment market, education, training and promotion, rates of pay and social security,

| L. | whereas migrant women are particularly vulnerable to poverty and social exclusion because of their low level of education and their cultural and language differences; whereas they are often victims of trafficking and other forms of violence such as domestic violence, prostitution, forced marriage and genital mutilation, |
| --- | --- |

L.

whereas migrant women are particularly vulnerable to poverty and social exclusion because of their low level of education and their cultural and language differences; whereas they are often victims of trafficking and other forms of violence such as domestic violence, prostitution, forced marriage and genital mutilation,

| M. | whereas women who have joined their husbands under the family reunification policy do not have individual rights and are dependent on their husband's legal status; whereas these women run the risk of expulsion in the event of divorce or their husband's death and are often powerless to report violence when they are the victims thereof, |
| --- | --- |

M.

whereas women who have joined their husbands under the family reunification policy do not have individual rights and are dependent on their husband's legal status; whereas these women run the risk of expulsion in the event of divorce or their husband's death and are often powerless to report violence when they are the victims thereof,

| N. | whereas, with the future enlargement of the EU and the accession of five countries in particular — the Czech Republic, Slovakia, Hungary, Bulgaria and Romania — which have the most sizeable Roma communities, the Roma will become the largest ethnic minority in the EU and thus the poverty, exclusion and economic, social and political discrimination that they face will become a challenge and a major subject for concern for the EU, |
| --- | --- |

N.

whereas, with the future enlargement of the EU and the accession of five countries in particular — the Czech Republic, Slovakia, Hungary, Bulgaria and Romania — which have the most sizeable Roma communities, the Roma will become the largest ethnic minority in the EU and thus the poverty, exclusion and economic, social and political discrimination that they face will become a challenge and a major subject for concern for the EU,

| O. | whereas Roma women are victims of multiple discrimination, they are discriminated against and marginalised in society because of their ethnic minority status and they are oppressed within their own community on gender grounds; whereas, by virtue of this situation, these women are simultaneously confronted with racism, sexism, poverty, exclusion and violation of their human rights, resulting in a limited life expectancy and a high mortality rate, illiteracy due to restricted access to education, the persistence of sexual prejudices, limited access to reproductive and sexual health care, very early motherhood and/or forced marriages, abduction, trafficking, forced prostitution, sexual abuse and domestic violence, non-participation in the employment market and non-participation in decisionmaking in their community, |
| --- | --- |

O.

whereas Roma women are victims of multiple discrimination, they are discriminated against and marginalised in society because of their ethnic minority status and they are oppressed within their own community on gender grounds; whereas, by virtue of this situation, these women are simultaneously confronted with racism, sexism, poverty, exclusion and violation of their human rights, resulting in a limited life expectancy and a high mortality rate, illiteracy due to restricted access to education, the persistence of sexual prejudices, limited access to reproductive and sexual health care, very early motherhood and/or forced marriages, abduction, trafficking, forced prostitution, sexual abuse and domestic violence, non-participation in the employment market and non-participation in decisionmaking in their community,

Disabled women

| 1. | Urges the Member States to promote the fundamental rights of disabled women and, in particular, to ensure that Council Directive 2000/78/EC on equal treatment in employment and occupation is incorporated into law and implemented as soon as possible; |
| --- | --- |

1.

Urges the Member States to promote the fundamental rights of disabled women and, in particular, to ensure that Council Directive 2000/78/EC on equal treatment in employment and occupation is incorporated into law and implemented as soon as possible;

| 2. | Calls on the Council, the Commission and the Member States to take account of the interests and needs of disabled women in all relevant policies, programmes and Community instruments such as the European Social Fund, the Equal initiative, legislation and the action programme against discrimination, the action programme on equality between women and men, the combating of social exclusion, health and culture programmes, the Daphne programme, initiatives in connection with the information society, research, etc.; |
| --- | --- |

2.

Calls on the Council, the Commission and the Member States to take account of the interests and needs of disabled women in all relevant policies, programmes and Community instruments such as the European Social Fund, the Equal initiative, legislation and the action programme against discrimination, the action programme on equality between women and men, the combating of social exclusion, health and culture programmes, the Daphne programme, initiatives in connection with the information society, research, etc.;

| 3. | Welcomes the Commission's action plan (2004-2010) for disabled people; calls on the Commission to take account of gender aspects in drawing up priorities for the plan and its implementation; stresses in this connection the need to include information on the situation of disabled women in future Commission reports on the situation of disabled people in an enlarged Europe; |
| --- | --- |

3.

Welcomes the Commission's action plan (2004-2010) for disabled people; calls on the Commission to take account of gender aspects in drawing up priorities for the plan and its implementation; stresses in this connection the need to include information on the situation of disabled women in future Commission reports on the situation of disabled people in an enlarged Europe;

| 4. | Calls on the EU and Member States to develop statistics on the situation of disabled people, with a breakdown by sex, and to carry out studies on disabled women; |
| --- | --- |

4.

Calls on the EU and Member States to develop statistics on the situation of disabled people, with a breakdown by sex, and to carry out studies on disabled women;

| 5. | Calls on the Member States to encourage disabled women's access to education, training and employment in an ordinary environment, to assist their real integration in society and development of their autonomy, self-esteem and self-defence, in order to avoid the negative effects of excessive protection; |
| --- | --- |

5.

Calls on the Member States to encourage disabled women's access to education, training and employment in an ordinary environment, to assist their real integration in society and development of their autonomy, self-esteem and self-defence, in order to avoid the negative effects of excessive protection;

| 6. | Calls on the Member States to encourage the occupational reintegration of disabled women, whether in relation to training offered or the possibility of combining training and family responsibilities, e.g. training locations, care of dependent persons, flexible hours, part-time options, facilities and transport infrastructure, personal assistance or contact with the family; urges the two sides of industry to promote equal opportunities and access to employment and training for disabled women, including migrant women, in their measures and collective agreements; |
| --- | --- |

6.

Calls on the Member States to encourage the occupational reintegration of disabled women, whether in relation to training offered or the possibility of combining training and family responsibilities, e.g. training locations, care of dependent persons, flexible hours, part-time options, facilities and transport infrastructure, personal assistance or contact with the family; urges the two sides of industry to promote equal opportunities and access to employment and training for disabled women, including migrant women, in their measures and collective agreements;

| 7. | Calls on the Member States to encourage the formation of networks of disabled women and support groups, at national, regional and local level, with a view to improving disabled women's means of expression and their involvement in social and political life and to providing premises, financial resources, transport facilities and facilities for the care of children or other dependent people; |
| --- | --- |

7.

Calls on the Member States to encourage the formation of networks of disabled women and support groups, at national, regional and local level, with a view to improving disabled women's means of expression and their involvement in social and political life and to providing premises, financial resources, transport facilities and facilities for the care of children or other dependent people;

| 8. | Calls on the Member States to take measures to increase disabled women's involvement in political life and decision-making processes; |
| --- | --- |

8.

Calls on the Member States to take measures to increase disabled women's involvement in political life and decision-making processes;

| 9. | Calls on all parties involved, including the media, to undertake initiatives to change attitudes and behaviour towards disabled women, and to involve disabled women in the drawing up and implementation of these initiatives; |
| --- | --- |

9.

Calls on all parties involved, including the media, to undertake initiatives to change attitudes and behaviour towards disabled women, and to involve disabled women in the drawing up and implementation of these initiatives;

| 10. | Calls on the Member States to take vigorous measures against all forms of violence against disabled women and girls, especially those in institutions, and to undertake studies specifically on violence against disabled women, to determine the origin and scale of this violence and to ensure better defined measures; |
| --- | --- |

10.

Calls on the Member States to take vigorous measures against all forms of violence against disabled women and girls, especially those in institutions, and to undertake studies specifically on violence against disabled women, to determine the origin and scale of this violence and to ensure better defined measures;

Migrant women

| 11. | Welcomes the legislation and action programme against discrimination but points out that these measures do not include equality between men and women; in view of multiple forms of sex discrimination, calls for equality between men and women to be integrated into policies, programmes and measures to combat racism, discrimination and social exclusion; |
| --- | --- |

11.

Welcomes the legislation and action programme against discrimination but points out that these measures do not include equality between men and women; in view of multiple forms of sex discrimination, calls for equality between men and women to be integrated into policies, programmes and measures to combat racism, discrimination and social exclusion;

| 12. | Calls on the Member States and the Commission to do everything possible to ensure effective application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, and its optional protocol, and the International Convention on the Elimination of All Forms of Racial Discrimination; |
| --- | --- |

12.

Calls on the Member States and the Commission to do everything possible to ensure effective application of the United Nations Convention on the Elimination of All Forms of Discrimination against Women, and its optional protocol, and the International Convention on the Elimination of All Forms of Racial Discrimination;

| 13. | Believes that the underlying tension in the EU's increasingly multi-ethnic and multicultural societies is linked to the sharing out of the labour market and the coexistence of cultures; is of the opinion that this situation, which fuels racism and racial discrimination, particularly affects women, on both gender and ethnic grounds, and leads to social exclusion, a precarious legal status, various forms of violence, difficulties in access to the labour market, the underrating of their contribution to the host society and the persistence of a stereotyped view of migrant women as a docile, flexible and cheap labour force; |
| --- | --- |

13.

Believes that the underlying tension in the EU's increasingly multi-ethnic and multicultural societies is linked to the sharing out of the labour market and the coexistence of cultures; is of the opinion that this situation, which fuels racism and racial discrimination, particularly affects women, on both gender and ethnic grounds, and leads to social exclusion, a precarious legal status, various forms of violence, difficulties in access to the labour market, the underrating of their contribution to the host society and the persistence of a stereotyped view of migrant women as a docile, flexible and cheap labour force;

| 14. | Calls on the Member States, with the Commission's assistance, to draw up a strategy with accompanying measures, to promote the integration of migrant women in the host country by:






  — | organising courses in the host country's language and general culture at affordable prices; |
| --- | --- | --- |

14.

Calls on the Member States, with the Commission's assistance, to draw up a strategy with accompanying measures, to promote the integration of migrant women in the host country by:

—

organising courses in the host country's language and general culture at affordable prices;

| — | setting up centres for health consultation, legal aid, occupational training as a preliminary to looking for work, and refuges for women who are victims of domestic violence, |
| --- | --- |

—

setting up centres for health consultation, legal aid, occupational training as a preliminary to looking for work, and refuges for women who are victims of domestic violence,

| — | establishing parenting support centres, |
| --- | --- |

—

establishing parenting support centres,

| — | establishing good-quality child-care services at affordable prices, |
| --- | --- |

—

establishing good-quality child-care services at affordable prices,

| — | increasing public service staff's awareness of cultural diversity and gender equality, |
| --- | --- |

—

increasing public service staff's awareness of cultural diversity and gender equality,

| — | promoting anti-racism awareness campaigns and intercultural dialogue in the field of education, |
| --- | --- |

—

promoting anti-racism awareness campaigns and intercultural dialogue in the field of education,

| — | promoting awareness campaigns among migrant populations on the importance of education for women and girls, |
| --- | --- |

—

promoting awareness campaigns among migrant populations on the importance of education for women and girls,

| — | involving migrant women in political life and decision-making processes, |
| --- | --- |

—

involving migrant women in political life and decision-making processes,

| — | promoting studies, research and statistics broken down by sex; |
| --- | --- |

—

promoting studies, research and statistics broken down by sex;

| 15. | Recommends that Member States and Community bodies take particular account of the situation of Muslim women in the EU and take measures to protect these women against violation of their human rights, in religious communities, and against practices that hinder their education, training, employment, advancement and, above all, integration in the host countries; calls for measures against female genital mutilation and forced marriages, and for measures that recognise this type of persecution as a legitimate reason for requesting asylum; |
| --- | --- |

15.

Recommends that Member States and Community bodies take particular account of the situation of Muslim women in the EU and take measures to protect these women against violation of their human rights, in religious communities, and against practices that hinder their education, training, employment, advancement and, above all, integration in the host countries; calls for measures against female genital mutilation and forced marriages, and for measures that recognise this type of persecution as a legitimate reason for requesting asylum;

| 16. | Considers that migrants, including women, who hold a long-term residence permit in a Member State should benefit from
  rights and obligations comparable to those of European Union citizens
  , as the only appropriate means of combating all forms of discrimination and creating an inclusive society; |
| --- | --- |

16.

Considers that migrants, including women, who hold a long-term residence permit in a Member State should benefit from
  rights and obligations comparable to those of European Union citizens
  , as the only appropriate means of combating all forms of discrimination and creating an inclusive society;

Roma women

| 17. | Welcomes the EU's active support for efforts by public authorities, NGOs and other players who are working to improve the Roma's levels of integration and Roma women's situation in the Member States and acceding and candidate countries, by policies, programmes and projects to combat discrimination, poverty and social exclusion; |
| --- | --- |

17.

Welcomes the EU's active support for efforts by public authorities, NGOs and other players who are working to improve the Roma's levels of integration and Roma women's situation in the Member States and acceding and candidate countries, by policies, programmes and projects to combat discrimination, poverty and social exclusion;

| 18. | Nevertheless, draws the attention of the Commission and governments concerned to the need to ensure (a) the effective application of policies implemented at Community and national level that are likely to improve Roma women's economic, social and political situation, their involvement in the decision-making process and protection of their human rights, (b) the inclusion of the issues concerning Roma populations in general, and equality of treatment and opportunity for Roma women in particular, in all relevant polices and programmes relating to employment policies and social inclusion, the European Social Fund, the Equal initiative, education and training programmes, the Daphne programme, and legislation and the action programme against discrimination, (c) consultation of Roma women when drawing up any programme or project likely to affect them and when adopting positive measures on their behalf; |
| --- | --- |

18.

Nevertheless, draws the attention of the Commission and governments concerned to the need to ensure (a) the effective application of policies implemented at Community and national level that are likely to improve Roma women's economic, social and political situation, their involvement in the decision-making process and protection of their human rights, (b) the inclusion of the issues concerning Roma populations in general, and equality of treatment and opportunity for Roma women in particular, in all relevant polices and programmes relating to employment policies and social inclusion, the European Social Fund, the Equal initiative, education and training programmes, the Daphne programme, and legislation and the action programme against discrimination, (c) consultation of Roma women when drawing up any programme or project likely to affect them and when adopting positive measures on their behalf;

| 19. | Considers that the lack of adequate data and statistics in the Member States and acceding and candidate countries makes it difficult to understand the scale of discrimination against the Roma, especially Roma women, and acts as a barrier to devising effective policies and assessing the impact of policies that have already been implemented; |
| --- | --- |

19.

Considers that the lack of adequate data and statistics in the Member States and acceding and candidate countries makes it difficult to understand the scale of discrimination against the Roma, especially Roma women, and acts as a barrier to devising effective policies and assessing the impact of policies that have already been implemented;

| 20. | Calls on the governments concerned to take measures to improve the reproductive and sexual health protection of Roma women, to prevent and put an end to forced sterilisation, and to promote family planning, alternative arrangements to early marriages and sex education; |
| --- | --- |

20.

Calls on the governments concerned to take measures to improve the reproductive and sexual health protection of Roma women, to prevent and put an end to forced sterilisation, and to promote family planning, alternative arrangements to early marriages and sex education;

*

- *

| 21. | Instructs its President to forward this resolution to the Council and the Commission, the governments of the Member States, the acceding countries and the candidate countries. |
| --- | --- |

21.

Instructs its President to forward this resolution to the Council and the Commission, the governments of the Member States, the acceding countries and the candidate countries.

---

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

(2)  OJ L 180, 19.7.2000, p. 22.

(3)  OJ L 303, 2.12.2000, p. 16.

(4)  OJ L 34, 9.2.2000, p. 1.

(5)  OJ C 127, 5.5.2000, p. 2.

(6)  OJ L 303, 2.12.2000, p. 23.

(7)  OJ L 17, 19.1.2001, p. 22.

(8)  OJ L 335, 19.12.2001, p. 15.

(9)  OJ L 10, 12.1.2002, p. 1.

(10)  OJ C 39, 18.2.2003, p. 1.

(11)  OJ C 175, 24.7.2003, p. 1.

P5_TA(2004)0154

Population and development

European Parliament resolution on population and development: 10 years after the UN Conference in Cairo (2003/2133(INI))

The European Parliament,

| — | having regard to the Programme of Action of the International Conference on Population and Development held from 5 to 13 September 1994 in Cairo, which was adopted by 179 participating states, |
| --- | --- |

—

having regard to the Programme of Action of the International Conference on Population and Development held from 5 to 13 September 1994 in Cairo, which was adopted by 179 participating states,

| — | having regard to the key actions for the further implementation of the Programme of Action of the International Conference on Population and Development adopted by the Twenty-first Special Session of the UN General Assembly, which was held from 30 June to 2 July 1999 in New York, |
| --- | --- |

—

having regard to the key actions for the further implementation of the Programme of Action of the International Conference on Population and Development adopted by the Twenty-first Special Session of the UN General Assembly, which was held from 30 June to 2 July 1999 in New York,

| — | having regard to Article 25(1) of the Universal Declaration of Human Rights, which includes health as a human right, |
| --- | --- |

—

having regard to Article 25(1) of the Universal Declaration of Human Rights, which includes health as a human right,

| — | having regard to the Strategic Health Objectives adopted at the 1995 World Conference on Women in Beijing and confirmed at the Twenty-third Special Session of the UN General Assembly on Beijing + 5: ‘Women 2000: Gender Equality, Development and Peace for the Twenty-First Century‧, which was held in New York from 5 to 9 June 2000, |
| --- | --- |

—

having regard to the Strategic Health Objectives adopted at the 1995 World Conference on Women in Beijing and confirmed at the Twenty-third Special Session of the UN General Assembly on Beijing + 5: ‘Women 2000: Gender Equality, Development and Peace for the Twenty-First Century‧, which was held in New York from 5 to 9 June 2000,

| — | having regard to the Millennium Development Goals adopted at the UN Millennium Summit, which was held from 6 to 8 September 2000, |
| --- | --- |

—

having regard to the Millennium Development Goals adopted at the UN Millennium Summit, which was held from 6 to 8 September 2000,

| — | having regard to the Monterrey Consensus, which was adopted on 22 March 2002 at the International Conference on Financing for Development, |
| --- | --- |

—

having regard to the Monterrey Consensus, which was adopted on 22 March 2002 at the International Conference on Financing for Development,

| — | having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 7 November 1967, |
| --- | --- |

—

having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 7 November 1967,

| — | having regard to the outcome of the 1993 Vienna Human Rights Conference, which specifically recognised women's rights as human rights and condemned violations of women's right to sexual self-determination perpetrated in the name of culture and tradition, |
| --- | --- |

—

having regard to the outcome of the 1993 Vienna Human Rights Conference, which specifically recognised women's rights as human rights and condemned violations of women's right to sexual self-determination perpetrated in the name of culture and tradition,

| — | having regard to the Johannesburg Declaration on Sustainable Development, adopted on 4 September 2002 by the World Summit on Sustainable Development, |
| --- | --- |

—

having regard to the Johannesburg Declaration on Sustainable Development, adopted on 4 September 2002 by the World Summit on Sustainable Development,

| — | having regard to the Resolution by the Council of Europe on the impact of the ‘Mexico City Policy‧ on the free choice of contraception in Europe (resolution 1347 (2003)1), |
| --- | --- |

—

having regard to the Resolution by the Council of Europe on the impact of the ‘Mexico City Policy‧ on the free choice of contraception in Europe (resolution 1347 (2003)1),

| — | having regard to the Convention on the Rights of the Child, adopted and opened for signature, ratification and accession by UN General Assembly resolution 44/25 of 20 November 1989, |
| --- | --- |

—

having regard to the Convention on the Rights of the Child, adopted and opened for signature, ratification and accession by UN General Assembly resolution 44/25 of 20 November 1989,

| — | having regard to the European Population Forum held from 12 to 14 January 2004 in the United Nations Economic Commission for Europe, which discussed the urgent issues, for Europe, North America and the countries of the former Soviet Union, of demography, sexual and reproductive health and the rights pertaining thereto, and, in addition, gave particular prominence to implementation of the Cairo Action Programme in the developing countries by the donor nations, |
| --- | --- |

—

having regard to the European Population Forum held from 12 to 14 January 2004 in the United Nations Economic Commission for Europe, which discussed the urgent issues, for Europe, North America and the countries of the former Soviet Union, of demography, sexual and reproductive health and the rights pertaining thereto, and, in addition, gave particular prominence to implementation of the Cairo Action Programme in the developing countries by the donor nations,

| — | having regard to Regulation (EC) No 1567/2003 of the European Parliament and of the Council of 15 July 2003 on aid for policies and actions on reproductive and sexual health and rights in developing countries (1), |
| --- | --- |

—

having regard to Regulation (EC) No 1567/2003 of the European Parliament and of the Council of 15 July 2003 on aid for policies and actions on reproductive and sexual health and rights in developing countries (1),

| — | having regard to Regulation (EC) No 1568/2003 of the European Parliament and of the Council of 15 July 2003 on aid to fight poverty diseases (HIV/AIDS, tuberculosis and malaria) in developing countries (2), |
| --- | --- |

—

having regard to Regulation (EC) No 1568/2003 of the European Parliament and of the Council of 15 July 2003 on aid to fight poverty diseases (HIV/AIDS, tuberculosis and malaria) in developing countries (2),

| — | having regard to Article 25(1)(c) and (d) and Article 31 of the ACP-EU Partnership Agreement signed in Cotonou in June 2000 (3), |
| --- | --- |

—

having regard to Article 25(1)(c) and (d) and Article 31 of the ACP-EU Partnership Agreement signed in Cotonou in June 2000 (3),

| — | having regard to its resolution of 4 July 1996 on the follow-up to the Cairo International Conference on Population and Development (4), |
| --- | --- |

—

having regard to its resolution of 4 July 1996 on the follow-up to the Cairo International Conference on Population and Development (4),

| — | having regard to the resolution on the importance of the UN World Conferences of 1990 to 1996 for cooperation between the European Union and the ACP States in the context of the Lomé Convention, adopted by the ACP-EU Joint Parliamentary Assembly on 29 October 1997 in Togo (5), |
| --- | --- |

—

having regard to the resolution on the importance of the UN World Conferences of 1990 to 1996 for cooperation between the European Union and the ACP States in the context of the Lomé Convention, adopted by the ACP-EU Joint Parliamentary Assembly on 29 October 1997 in Togo (5),

| — | having regard to the resolution on the follow-up to the Fourth World Conference on Women (Beijing, 1995), adopted by the ACP-EU Joint Parliamentary Assembly on 23 March 2000 in Abuja, Nigeria (6), |
| --- | --- |

—

having regard to the resolution on the follow-up to the Fourth World Conference on Women (Beijing, 1995), adopted by the ACP-EU Joint Parliamentary Assembly on 23 March 2000 in Abuja, Nigeria (6),

| — | having regard to its resolution of 18 May 2000 on the follow-up to the Beijing Action Platform (7), |
| --- | --- |

—

having regard to its resolution of 18 May 2000 on the follow-up to the Beijing Action Platform (7),

| — | having regard to the resolution on the results of the special session of the United Nations General Assembly of 5-9 June 2000 on ‘Women 2000: Equality, Development and Peace for the Twenty-First Century‧, adopted by the ACP-EU Joint Parliamentary Assembly on 12 October 2000 in Brussels, Belgium (8), |
| --- | --- |

—

having regard to the resolution on the results of the special session of the United Nations General Assembly of 5-9 June 2000 on ‘Women 2000: Equality, Development and Peace for the Twenty-First Century‧, adopted by the ACP-EU Joint Parliamentary Assembly on 12 October 2000 in Brussels, Belgium (8),

| — | having regard to the resolution on the importation and local production of generic drugs, adopted by the ACP-EU Joint Parliamentary Assembly on 22 March 2001 in Libreville, Gabon (9), |
| --- | --- |

—

having regard to the resolution on the importation and local production of generic drugs, adopted by the ACP-EU Joint Parliamentary Assembly on 22 March 2001 in Libreville, Gabon (9),

| — | having regard to the resolutions on HIV/AIDS, adopted by the ACP-EU Joint Parliamentary Assembly on 23 March 2000 in Abuja, Nigeria (10), and on 1 November 2001 in Brussels, Belgium (11), |
| --- | --- |

—

having regard to the resolutions on HIV/AIDS, adopted by the ACP-EU Joint Parliamentary Assembly on 23 March 2000 in Abuja, Nigeria (10), and on 1 November 2001 in Brussels, Belgium (11),

| — | having regard to the resolution on the rights of disabled people and older people in ACP countries, adopted by the ACP-EU Joint Parliamentary Assembly on 1 November 2001 in Brussels, Belgium (12), |
| --- | --- |

—

having regard to the resolution on the rights of disabled people and older people in ACP countries, adopted by the ACP-EU Joint Parliamentary Assembly on 1 November 2001 in Brussels, Belgium (12),

| — | having regard to its resolution of 7 February 2002 on EU policy towards Mediterranean partner countries in relation to the promotion of women's rights and equal opportunities in these countries (13), |
| --- | --- |

—

having regard to its resolution of 7 February 2002 on EU policy towards Mediterranean partner countries in relation to the promotion of women's rights and equal opportunities in these countries (13),

| — | having regard to the resolution on the impact of communicable diseases on health, young people, the elderly and people living with disabilities, adopted by the ACP-EU Joint Parliamentary Assembly on 21 March 2002 in Cape Town, South Africa (14), |
| --- | --- |

—

having regard to the resolution on the impact of communicable diseases on health, young people, the elderly and people living with disabilities, adopted by the ACP-EU Joint Parliamentary Assembly on 21 March 2002 in Cape Town, South Africa (14),

| — | having regard to its resolution of 25 April 2002 on the communication from the Commission to the Council and the European Parliament on the programme of action for the mainstreaming of gender equality in Community development cooperation (15), |
| --- | --- |

—

having regard to its resolution of 25 April 2002 on the communication from the Commission to the Council and the European Parliament on the programme of action for the mainstreaming of gender equality in Community development cooperation (15),

| — | having regard to its resolution of 20 September 2001 on female genital mutilation (16) and to its resolution of 3 July 2002 on sexual and reproductive health and rights (17), |
| --- | --- |

—

having regard to its resolution of 20 September 2001 on female genital mutilation (16) and to its resolution of 3 July 2002 on sexual and reproductive health and rights (17),

| — | having regard to its position of 13 February 2003 on the proposal for a European Parliament and Council regulation on aid for policies and actions on reproductive and sexual health and rights in developing countries (18), |
| --- | --- |

—

having regard to its position of 13 February 2003 on the proposal for a European Parliament and Council regulation on aid for policies and actions on reproductive and sexual health and rights in developing countries (18),

| — | having regard to the resolution on children's rights and child soldiers in particular, adopted by the ACP-EU Joint Parliamentary Assembly on 15 October 2003 in Rome, Italy (19), |
| --- | --- |

—

having regard to the resolution on children's rights and child soldiers in particular, adopted by the ACP-EU Joint Parliamentary Assembly on 15 October 2003 in Rome, Italy (19),

| — | having regard to the resolution adopted by the HIV/Aids Conference hosted by the Irish Council Presidency in Dublin from 23-24 February 2004, |
| --- | --- |

—

having regard to the resolution adopted by the HIV/Aids Conference hosted by the Irish Council Presidency in Dublin from 23-24 February 2004,

| — | 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 Development and Cooperation and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0055/2004), |
| --- | --- |

—

having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0055/2004),

| A. | whereas the Programme of Action of the International Conference on Population and Development adopted by 179 participating states in 1994 in Cairo and the consensus secured thereby was confirmed afresh five years later when the Programme of Action was reviewed, |
| --- | --- |

A.

whereas the Programme of Action of the International Conference on Population and Development adopted by 179 participating states in 1994 in Cairo and the consensus secured thereby was confirmed afresh five years later when the Programme of Action was reviewed,

| B. | whereas it is mainly women and children who live below the poverty line, and whereas it is mainly women and girls who are denied access to education — 57 % of the children who do not attend primary school are girls —, so that girls and women are also severely disadvantaged when it comes to access to family planning measures, |
| --- | --- |

B.

whereas it is mainly women and children who live below the poverty line, and whereas it is mainly women and girls who are denied access to education — 57 % of the children who do not attend primary school are girls —, so that girls and women are also severely disadvantaged when it comes to access to family planning measures,

| C. | whereas the Cairo Conference focused on a range of population and development objectives, mainly sustained economic growth, poverty eradication, education, gender equality, infant, child and maternal mortality reduction and, for the first time, the needs and rights of individual women and men, instead of setting abstract demographic targets, |
| --- | --- |

C.

whereas the Cairo Conference focused on a range of population and development objectives, mainly sustained economic growth, poverty eradication, education, gender equality, infant, child and maternal mortality reduction and, for the first time, the needs and rights of individual women and men, instead of setting abstract demographic targets,

| D. | reaffirming that everyone has the right to enjoy the highest attainable standard of physical and mental health, that reproductive health-service programmes should provide the widest range of services without any coercion and that all couples and individuals have the basic right to decide freely and responsibly the number of their children and the timing of the parenthood and to have access to information on family planning, education on prevention and the means to do so (20), |
| --- | --- |

D.

reaffirming that everyone has the right to enjoy the highest attainable standard of physical and mental health, that reproductive health-service programmes should provide the widest range of services without any coercion and that all couples and individuals have the basic right to decide freely and responsibly the number of their children and the timing of the parenthood and to have access to information on family planning, education on prevention and the means to do so (20),

| E. | whereas sex education and family planning services must also make specific reference to men's responsibility for the reproductive health of their partners and family-oriented birth control, |
| --- | --- |

E.

whereas sex education and family planning services must also make specific reference to men's responsibility for the reproductive health of their partners and family-oriented birth control,

| F. | whereas, according to the Programme of Action, ‘all countries should strive to make accessible, through the primary health-care system, reproductive health to all individuals of appropriate ages as soon as possible and no later than the year 2015‧ (21), |
| --- | --- |

F.

whereas, according to the Programme of Action, ‘all countries should strive to make accessible, through the primary health-care system, reproductive health to all individuals of appropriate ages as soon as possible and no later than the year 2015‧ (21),

| G. | whereas the implementation of the Programme of Action so as to attain the Millennium Development Goals is also essential for the purposes of guaranteeing reproductive health, since three of the Millennium Development Goals are directly connected with reproductive health (reducing child mortality rates, improving maternal health and combating HIV/AIDS, malaria and other diseases); whereas the links between action to combat poverty, women's access to education and training, and sexual and reproductive health are broadly recognised and investment in those areas is particularly beneficial, |
| --- | --- |

G.

whereas the implementation of the Programme of Action so as to attain the Millennium Development Goals is also essential for the purposes of guaranteeing reproductive health, since three of the Millennium Development Goals are directly connected with reproductive health (reducing child mortality rates, improving maternal health and combating HIV/AIDS, malaria and other diseases); whereas the links between action to combat poverty, women's access to education and training, and sexual and reproductive health are broadly recognised and investment in those areas is particularly beneficial,

| H. | regretting that, in 2000, total expenditure (including UN appropriations and loans) accounted for no more than 45.6 % of the target set for that year in the Programme of Action, with donor countries contributing only 45 % of the share of funds which they had undertaken to provide under the Cairo Programme of Action, while the developing countries contributed as much as 76 %, |
| --- | --- |

H.

regretting that, in 2000, total expenditure (including UN appropriations and loans) accounted for no more than 45.6 % of the target set for that year in the Programme of Action, with donor countries contributing only 45 % of the share of funds which they had undertaken to provide under the Cairo Programme of Action, while the developing countries contributed as much as 76 %,

| I. | whereas not all the donor countries feel committed to the issue to the same extent, and whereas that results in a massive funding gap for the sexual and reproductive health sector, although the European Union has played a key role in the short-term provision of funds and in supporting the Programme of Action by taking legislative measures, |
| --- | --- |

I.

whereas not all the donor countries feel committed to the issue to the same extent, and whereas that results in a massive funding gap for the sexual and reproductive health sector, although the European Union has played a key role in the short-term provision of funds and in supporting the Programme of Action by taking legislative measures,

| J. | whereas, at the International Parliamentarians' Conference on the implementation of the Cairo Programme of Action, held in Ottawa in 2002, Parliamentarians undertook to press for between five and ten per cent of national budgets to be devoted to population policy and sexual and reproductive health, |
| --- | --- |

J.

whereas, at the International Parliamentarians' Conference on the implementation of the Cairo Programme of Action, held in Ottawa in 2002, Parliamentarians undertook to press for between five and ten per cent of national budgets to be devoted to population policy and sexual and reproductive health,

| K. | whereas the European Population Forum, which was organised by the United Nations Economic Commission for Europe and involved numerous parliamentarians and non-governmental organisations, specifically confirmed the Cairo Action Programme as a common basis for action in the area of sexual and reproductive health and the associated rights, |
| --- | --- |

K.

whereas the European Population Forum, which was organised by the United Nations Economic Commission for Europe and involved numerous parliamentarians and non-governmental organisations, specifically confirmed the Cairo Action Programme as a common basis for action in the area of sexual and reproductive health and the associated rights,

| L. | whereas the Mexico City Policy withholds USAID funds from any foreign organisation that, with non-US money, performs, refers, counsels or advocates for termination of pregnancy, regardless of whether termination of pregnancy is legal in that country; whereas the MCP has worsened the problems it intended to resolve: as clinics close and access to reproductive health services becomes more difficult, fewer poor women world-wide can afford contraception, leading to an increase in unwanted pregnancies — and consequently abortions, many of them unsafe; this in turn increases the maternal mortality toll, |
| --- | --- |

L.

whereas the Mexico City Policy withholds USAID funds from any foreign organisation that, with non-US money, performs, refers, counsels or advocates for termination of pregnancy, regardless of whether termination of pregnancy is legal in that country; whereas the MCP has worsened the problems it intended to resolve: as clinics close and access to reproductive health services becomes more difficult, fewer poor women world-wide can afford contraception, leading to an increase in unwanted pregnancies — and consequently abortions, many of them unsafe; this in turn increases the maternal mortality toll,

| M. | whereas the need to ensure gender equality is no longer seen merely as a question of rights and good governance but also, and increasingly, as an aspect of economic efficiency, since progress in gender equality frequently has a positive impact on the welfare of society as a whole, |
| --- | --- |

M.

whereas the need to ensure gender equality is no longer seen merely as a question of rights and good governance but also, and increasingly, as an aspect of economic efficiency, since progress in gender equality frequently has a positive impact on the welfare of society as a whole,

| N. | concerned that, in some regions of the world, the false belief that men are supposedly superior to women leads to forced gender-specific abortions or the murder of new-born girls, so that, for example, according to the population census in China, 120 boys were born in 2000 for every 100 girls, which has led UNICEF to estimate that, in a few years' time, there will be 50 million men who will not be able to find a wife, |
| --- | --- |

N.

concerned that, in some regions of the world, the false belief that men are supposedly superior to women leads to forced gender-specific abortions or the murder of new-born girls, so that, for example, according to the population census in China, 120 boys were born in 2000 for every 100 girls, which has led UNICEF to estimate that, in a few years' time, there will be 50 million men who will not be able to find a wife,

| O. | whereas in many cases cultural, religious, social and economic factors and the human rights situation are not conducive to female emancipation and self-determination, |
| --- | --- |

O.

whereas in many cases cultural, religious, social and economic factors and the human rights situation are not conducive to female emancipation and self-determination,

| P. | aware that large numbers of girls and women throughout the world become the victims of socially structured violence, namely male domestic or military violence, rape in times of war or crisis, enforced pregnancies, sexual abuse and women and girls in every age group being forced into prostitution, genital mutilation, arranged marriages, the abandonment or sale of new-born girls, etc, which are all violations of universal human rights, run counter to the right of sexual self-determination and seriously jeopardise women's reproductive and mental health, |
| --- | --- |

P.

aware that large numbers of girls and women throughout the world become the victims of socially structured violence, namely male domestic or military violence, rape in times of war or crisis, enforced pregnancies, sexual abuse and women and girls in every age group being forced into prostitution, genital mutilation, arranged marriages, the abandonment or sale of new-born girls, etc, which are all violations of universal human rights, run counter to the right of sexual self-determination and seriously jeopardise women's reproductive and mental health,

| Q. | aware that, according to UN surveys, every third pregnancy worldwide is unwanted or unplanned and that more than 300 million couples have no access to contraceptives, with the frequent result that women undergo abortions in unsafe conditions which have serious consequences for their health or may even result in death, |
| --- | --- |

Q.

aware that, according to UN surveys, every third pregnancy worldwide is unwanted or unplanned and that more than 300 million couples have no access to contraceptives, with the frequent result that women undergo abortions in unsafe conditions which have serious consequences for their health or may even result in death,

| R. | whereas every year more than 500,000 women die in pregnancy and childbirth, and Millennium Development Goal 5 is to ‘reduce by three quarters the maternal mortality ratio‧, and whereas lack of access to basic health services and to reproductive health services and education, e.g. prenatal consultations, contributes to the fact that pregnancy remains a major cause of death or disabilities in women of developing countries, |
| --- | --- |

R.

whereas every year more than 500,000 women die in pregnancy and childbirth, and Millennium Development Goal 5 is to ‘reduce by three quarters the maternal mortality ratio‧, and whereas lack of access to basic health services and to reproductive health services and education, e.g. prenatal consultations, contributes to the fact that pregnancy remains a major cause of death or disabilities in women of developing countries,

| S. | reaffirming, in conformity with the Programme of Action, that the family is the basic unit of society and is entitled to comprehensive protection and support, |
| --- | --- |

S.

reaffirming, in conformity with the Programme of Action, that the family is the basic unit of society and is entitled to comprehensive protection and support,

| T. | whereas fewer than 1 % of women in the countries most seriously affected by HIV have access to services for the prevention of transmission of that virus from mother to child, and 3.2 million children under the age of 15 are infected with HIV, and whereas half of all new HIV infections affect young people, including girls and young women who constitute a very high-risk category, reflecting the need for specific HIV prevention programmes for young people, |
| --- | --- |

T.

whereas fewer than 1 % of women in the countries most seriously affected by HIV have access to services for the prevention of transmission of that virus from mother to child, and 3.2 million children under the age of 15 are infected with HIV, and whereas half of all new HIV infections affect young people, including girls and young women who constitute a very high-risk category, reflecting the need for specific HIV prevention programmes for young people,

| U. | whereas, currently, 1 000 000 000 young people are entering the reproductive phase of their lives, |
| --- | --- |

U.

whereas, currently, 1 000 000 000 young people are entering the reproductive phase of their lives,

| V. | concerned that numerous HIV/AIDS infections are caused by the use of dirty needles since, according to WHO statistics, 75 % of all injections worldwide involve the use of needles that are not sterile, and aware that, in seven Chinese provinces, an estimated 370 000 people have become infected with HIV because of poor hygiene when they were donating blood, |
| --- | --- |

V.

concerned that numerous HIV/AIDS infections are caused by the use of dirty needles since, according to WHO statistics, 75 % of all injections worldwide involve the use of needles that are not sterile, and aware that, in seven Chinese provinces, an estimated 370 000 people have become infected with HIV because of poor hygiene when they were donating blood,

| W. | having regard to the alarming spread of sexually transmitted diseases including HIV/AIDS, necessitating the full integration of programmes for the prevention of sexually transmitted infections/HIV within sexual and reproductive health programmes, |
| --- | --- |

W.

having regard to the alarming spread of sexually transmitted diseases including HIV/AIDS, necessitating the full integration of programmes for the prevention of sexually transmitted infections/HIV within sexual and reproductive health programmes,

| X. | whereas, today, 80 % of all refugees worldwide are women and children; whereas, when people are forced to flee their homes, maternal mortality rates are frequently higher because of poor nutrition and rapidly succeeding pregnancies; and whereas unprotected sex and situations involving genderspecific violence lead to an increase in the number of cases of sexually transmitted diseases, |
| --- | --- |

X.

whereas, today, 80 % of all refugees worldwide are women and children; whereas, when people are forced to flee their homes, maternal mortality rates are frequently higher because of poor nutrition and rapidly succeeding pregnancies; and whereas unprotected sex and situations involving genderspecific violence lead to an increase in the number of cases of sexually transmitted diseases,

| Y. | whereas the WHO's plan to train tens of thousands of ‘barefoot doctors‧ to provide health services in rural and poor areas is a step in the right direction, |
| --- | --- |

Y.

whereas the WHO's plan to train tens of thousands of ‘barefoot doctors‧ to provide health services in rural and poor areas is a step in the right direction,

| Z. | regretting that conservative circles have succeeded in capping or even reducing funds for family planning and education, one result being, for example, that the USA, through the reinstatement of the Mexico City Policy, suspended its commitments for the United Nations Population Fund (UNFPA) and for NGOs active in this field from 2002 onwards; applauding in this respect the Commission's initiative of compensating for the loss in funding, |
| --- | --- |

Z.

regretting that conservative circles have succeeded in capping or even reducing funds for family planning and education, one result being, for example, that the USA, through the reinstatement of the Mexico City Policy, suspended its commitments for the United Nations Population Fund (UNFPA) and for NGOs active in this field from 2002 onwards; applauding in this respect the Commission's initiative of compensating for the loss in funding,

| AA. | welcoming the contribution, often made with considerable difficulty, of the organisations responsible, such as UNFPA, which should be given more comprehensive support, inter alia in cooperation with the European Union's services and the Member States' Foreign Offices, with a view to improving health services, offering the possibility of choice and preventing avoidable deaths among women in the prime of their lives, |
| --- | --- |

AA.

welcoming the contribution, often made with considerable difficulty, of the organisations responsible, such as UNFPA, which should be given more comprehensive support, inter alia in cooperation with the European Union's services and the Member States' Foreign Offices, with a view to improving health services, offering the possibility of choice and preventing avoidable deaths among women in the prime of their lives,

| AB. | whereas measures such as primary healthcare services or basic education programmes may not be included by the industrialised nations and the developing countries when they are calculating expenditure on population policy, despite their connection therewith, |
| --- | --- |

AB.

whereas measures such as primary healthcare services or basic education programmes may not be included by the industrialised nations and the developing countries when they are calculating expenditure on population policy, despite their connection therewith,

| AC. | whereas the costs and social consequences of failing adequately to meet the reproductive health needs and rights of the biggest ever generation of young people — 1.2 billion — about to enter their childbearing years would be very high, since this age group is already disproportionately affected by HIV/AIDS infections and unwanted pregnancies, |
| --- | --- |

AC.

whereas the costs and social consequences of failing adequately to meet the reproductive health needs and rights of the biggest ever generation of young people — 1.2 billion — about to enter their childbearing years would be very high, since this age group is already disproportionately affected by HIV/AIDS infections and unwanted pregnancies,

| AD. | whereas, in the implementation of the Programme of Action, civil society has an important and complementary role to play, and whereas the Commission should operate more closely with civil society groups, especially women's groups, women's associations, family planning o ganisations, and also private enterprises, especially in its country strategy documents, |
| --- | --- |

AD.

whereas, in the implementation of the Programme of Action, civil society has an important and complementary role to play, and whereas the Commission should operate more closely with civil society groups, especially women's groups, women's associations, family planning o ganisations, and also private enterprises, especially in its country strategy documents,

| AE. | whereas the media have a particularly important role to play in consciousness-shaping and imparting information, |
| --- | --- |

AE.

whereas the media have a particularly important role to play in consciousness-shaping and imparting information,

| 1. | Calls for the publication of a comprehensive overview of progress in the implementation of the Cairo Programme of Action to mark the tenth anniversary of the International Conference on Population and Development (ICPD) in 2004 from every responsible UN body and, above all, from the governments of the EU Member States, the Commission and the ACP institutions, as well as from the non-governmental organisations concerned; |
| --- | --- |

1.

Calls for the publication of a comprehensive overview of progress in the implementation of the Cairo Programme of Action to mark the tenth anniversary of the International Conference on Population and Development (ICPD) in 2004 from every responsible UN body and, above all, from the governments of the EU Member States, the Commission and the ACP institutions, as well as from the non-governmental organisations concerned;

| 2. | Welcomes the organisation of the Round Table on ICPD+10 to review and assess progress made and the remaining challenges for the implementation of the ICPD Programme of Action, and congratulates the Commission on its support for this initiative; |
| --- | --- |

2.

Welcomes the organisation of the Round Table on ICPD+10 to review and assess progress made and the remaining challenges for the implementation of the ICPD Programme of Action, and congratulates the Commission on its support for this initiative;

| 3. | Calls on the European Union to publish a round-up of the initiatives launched so far, and calls on the Member States, in accordance with their undertakings in the area of public development aid (PDA), to make more funding available for the protection of reproductive health; |
| --- | --- |

3.

Calls on the European Union to publish a round-up of the initiatives launched so far, and calls on the Member States, in accordance with their undertakings in the area of public development aid (PDA), to make more funding available for the protection of reproductive health;

| 4. | Calls on the European Union, its Member States and the Accession Countries to meet in full the commitments given by them with regard to the implementation and the financing of the Cairo Programme of Action, including basic, secondary and higher education and training, especially for girls and women, elementary medical services and easy and affordable access for all young people, both women and men, throughout the reproductive phase in their lives, to high-quality health services for the protection of their sexual and reproductive health and of their right to decide equally, freely and responsibly in this field, |
| --- | --- |

4.

Calls on the European Union, its Member States and the Accession Countries to meet in full the commitments given by them with regard to the implementation and the financing of the Cairo Programme of Action, including basic, secondary and higher education and training, especially for girls and women, elementary medical services and easy and affordable access for all young people, both women and men, throughout the reproductive phase in their lives, to high-quality health services for the protection of their sexual and reproductive health and of their right to decide equally, freely and responsibly in this field,

| 5. | Calls on the Commission, to that end, to make the Programme of Action a key issue in its cooperation with third countries and at international fora and to devise strategies for its joint implementation; |
| --- | --- |

5.

Calls on the Commission, to that end, to make the Programme of Action a key issue in its cooperation with third countries and at international fora and to devise strategies for its joint implementation;

| 6. | Calls on the European Union and its Member States to integrate sexual and reproductive health and rights into their development policies and, in that context, to seek to reduce infant, child and maternal mortality rates; |
| --- | --- |

6.

Calls on the European Union and its Member States to integrate sexual and reproductive health and rights into their development policies and, in that context, to seek to reduce infant, child and maternal mortality rates;

| 7. | Calls on the EU and its Member States to engage the United States in an informed debate about the impact of the reinstatement of the Mexico City Policy worldwide, encouraging President George W. Bush to rescind it; |
| --- | --- |

7.

Calls on the EU and its Member States to engage the United States in an informed debate about the impact of the reinstatement of the Mexico City Policy worldwide, encouraging President George W. Bush to rescind it;

| 8. | Calls for a greater share of humanitarian and emergency aid to be used to benefit the reproductive health of people in emergency situations; |
| --- | --- |

8.

Calls for a greater share of humanitarian and emergency aid to be used to benefit the reproductive health of people in emergency situations;

| 9. | Considers it essential to treat the poorest of the poor in the countries in question as priority groups, for example through targeted interventions in programming, since these are the people who suffer most from lack of access to reproductive health care measures; |
| --- | --- |

9.

Considers it essential to treat the poorest of the poor in the countries in question as priority groups, for example through targeted interventions in programming, since these are the people who suffer most from lack of access to reproductive health care measures;

| 10. | Calls on the European Union and the developing countries, in particular the ACP countries, to pay particular attention to the distress of a large number of women — especially young women — in rural areas in the developing countries who suffer from vaginal fistula (an estimated 0.3 % of all pregnancies), and to do everything possible to prevent this disease and ensure proper treatment; |
| --- | --- |

10.

Calls on the European Union and the developing countries, in particular the ACP countries, to pay particular attention to the distress of a large number of women — especially young women — in rural areas in the developing countries who suffer from vaginal fistula (an estimated 0.3 % of all pregnancies), and to do everything possible to prevent this disease and ensure proper treatment;

| 11. | Stresses that abortion must not be regarded as a family planning method, but calls for legal and medically safe interventions to be possible for women who have no other way out of their difficulties, in order to protect their reproductive and mental health, which would mean a reduction in maternal mortality in developing countries, since 14 % of the women who do not survive labour are victims of botched abortions; |
| --- | --- |

11.

Stresses that abortion must not be regarded as a family planning method, but calls for legal and medically safe interventions to be possible for women who have no other way out of their difficulties, in order to protect their reproductive and mental health, which would mean a reduction in maternal mortality in developing countries, since 14 % of the women who do not survive labour are victims of botched abortions;

| 12. | Calls on states to refrain from prosecuting women who have had an illegal abortion; |
| --- | --- |

12.

Calls on states to refrain from prosecuting women who have had an illegal abortion;

| 13. | Calls on the European Union and its Member States, to that end, to coordinate activities among the donor countries more efficiently and to provide more funds for programmes in the field of sexual and reproductive health and rights in order to fulfil the international commitments made in Cairo in 1994; |
| --- | --- |

13.

Calls on the European Union and its Member States, to that end, to coordinate activities among the donor countries more efficiently and to provide more funds for programmes in the field of sexual and reproductive health and rights in order to fulfil the international commitments made in Cairo in 1994;

| 14. | Calls on the EU and the international community as a whole, in the absence of a cure for AIDS, to increase resources for, and commitment to, international research and development of an AIDS vaccine and comprehensive clinical trials, particularly in developing countries; |
| --- | --- |

14.

Calls on the EU and the international community as a whole, in the absence of a cure for AIDS, to increase resources for, and commitment to, international research and development of an AIDS vaccine and comprehensive clinical trials, particularly in developing countries;

| 15. | Considers it appropriate to make budgetary assistance for healthcare available to developing countries, but insists that steps be taken to ensure that this aid is used also to maintain or restore reproductive health; |
| --- | --- |

15.

Considers it appropriate to make budgetary assistance for healthcare available to developing countries, but insists that steps be taken to ensure that this aid is used also to maintain or restore reproductive health;

| 16. | Stresses the need to improve access for women to education, economic independence and decisionmaking processes as essential rights and conditions for development, thus reducing gender-related inequality and poverty by empowering women; |
| --- | --- |

16.

Stresses the need to improve access for women to education, economic independence and decisionmaking processes as essential rights and conditions for development, thus reducing gender-related inequality and poverty by empowering women;

| 17. | Stresses the importance of useful, active involvement of young people in all projects, programmes and measures that will have a positive impact on their lives; |
| --- | --- |

17.

Stresses the importance of useful, active involvement of young people in all projects, programmes and measures that will have a positive impact on their lives;

| 18. | Calls on the Commission to develop a framework agreement which will encourage implementation of the Cairo objectives by 2015 and coordinate financial cooperation efforts on the part of the European Union, the Member States and the other institutional donors, so that the agreed objectives relating to total resources for programmes in the areas of population and reproductive health, including HIV/Aids, can still be achieved; |
| --- | --- |

18.

Calls on the Commission to develop a framework agreement which will encourage implementation of the Cairo objectives by 2015 and coordinate financial cooperation efforts on the part of the European Union, the Member States and the other institutional donors, so that the agreed objectives relating to total resources for programmes in the areas of population and reproductive health, including HIV/Aids, can still be achieved;

| 19. | Calls on the Commission and the Member States to support research efforts towards developing protection against sexually transmitted diseases and HIV/Aids, and contraceptive methods which are easily usable by women; |
| --- | --- |

19.

Calls on the Commission and the Member States to support research efforts towards developing protection against sexually transmitted diseases and HIV/Aids, and contraceptive methods which are easily usable by women;

| 20. | Considers it necessary to raise the awareness of members of Commission delegations of the objectives set in Cairo and to inform them further on gender-specific issues, in order to hasten the achievement of the health and population goals which have been set; |
| --- | --- |

20.

Considers it necessary to raise the awareness of members of Commission delegations of the objectives set in Cairo and to inform them further on gender-specific issues, in order to hasten the achievement of the health and population goals which have been set;

| 21. | Expects the WHO and all others responsible in this field to ensure that every conceivable effort is made to prevent HIV infection from dirty needles by taking the appropriate hygiene measures, in order to prevent damage to reproductive health caused by circumstances beyond the individual's control which can lead to life-threatening infections even though safe sex has been practised; |
| --- | --- |

21.

Expects the WHO and all others responsible in this field to ensure that every conceivable effort is made to prevent HIV infection from dirty needles by taking the appropriate hygiene measures, in order to prevent damage to reproductive health caused by circumstances beyond the individual's control which can lead to life-threatening infections even though safe sex has been practised;

| 22. | Calls on the European Union and its Member States, and governments and institutions in the developing countries, to undertake, in cooperation with those countries, widespread information and advice campaigns, as well as other appropriate measures, in developing countries with the following objectives:






  — | the provision of sex education and information for children and young people in a form commensurate with their age and gender, which must be in keeping with their capabilities and life circumstances, |
| --- | --- | --- |

22.

Calls on the European Union and its Member States, and governments and institutions in the developing countries, to undertake, in cooperation with those countries, widespread information and advice campaigns, as well as other appropriate measures, in developing countries with the following objectives:

—

the provision of sex education and information for children and young people in a form commensurate with their age and gender, which must be in keeping with their capabilities and life circumstances,

| — | the fight against sexual exploitation and repression and/or support for victims of sexual exploitation and repression, |
| --- | --- |

—

the fight against sexual exploitation and repression and/or support for victims of sexual exploitation and repression,

| — | emphasis on the fact that every person is worthy of respect, whatever that person's sexual orientation, |
| --- | --- |

—

emphasis on the fact that every person is worthy of respect, whatever that person's sexual orientation,

| — | emphasis on the right of every individual to self-determination in matters relating to sex, |
| --- | --- |

—

emphasis on the right of every individual to self-determination in matters relating to sex,

| — | adequate and affordable access to contraceptives, |
| --- | --- |

—

adequate and affordable access to contraceptives,

| — | general improvement in health care, including access to affordable sexual and reproductive health services; |
| --- | --- |

—

general improvement in health care, including access to affordable sexual and reproductive health services;

| — | provision of a sufficient supply of affordable medicinal products for the treatment of sexually transmitted diseases, especially HIV/AIDS, with the pharmaceutical industry also being involved by facilitating treatment with generic medicines, and specific research into child-focussed anti-retroviral therapy, |
| --- | --- |

—

provision of a sufficient supply of affordable medicinal products for the treatment of sexually transmitted diseases, especially HIV/AIDS, with the pharmaceutical industry also being involved by facilitating treatment with generic medicines, and specific research into child-focussed anti-retroviral therapy,

| — | increased provision of integrated services to prevent the transmission of diseases from mother to child, |
| --- | --- |

—

increased provision of integrated services to prevent the transmission of diseases from mother to child,

| — | facilitation of medically safe abortions, |
| --- | --- |

—

facilitation of medically safe abortions,

| — | provision of the information required to ensure safe pregnancy and motherhood; |
| --- | --- |

—

provision of the information required to ensure safe pregnancy and motherhood;

| 23. | Calls on the Commission and the ACP Council of Ministers to give reproductive health protection high priority in the framework of ACP cooperation, and to include the necessary measures in this area in the country strategy papers; |
| --- | --- |

23.

Calls on the Commission and the ACP Council of Ministers to give reproductive health protection high priority in the framework of ACP cooperation, and to include the necessary measures in this area in the country strategy papers;

| 24. | Calls on the European Union, its Member States, the accession countries and the ACP countries to involve civil society organisations, including private enterprises, and particularly the media, in attaining their objectives; |
| --- | --- |

24.

Calls on the European Union, its Member States, the accession countries and the ACP countries to involve civil society organisations, including private enterprises, and particularly the media, in attaining their objectives;

| 25. | Calls on the developing countries to make available funds which they have earmarked for health care; |
| --- | --- |

25.

Calls on the developing countries to make available funds which they have earmarked for health care;

| 26. | Stresses that access to contraceptives, particularly condoms, must be significantly improved, above all for the poorest strata of society in the poorest countries; |
| --- | --- |

26.

Stresses that access to contraceptives, particularly condoms, must be significantly improved, above all for the poorest strata of society in the poorest countries;

| 27. | Calls on all governments to prohibit harmful traditions and practices, such as female genital mutilation, and to launch information campaigns on this subject in order to show that they constitute an unacceptable violation of the bodily integrity of women, are a significant threat to health and may even result in death; to this end, calls on them to incorporate in their policies the objectives and instruments mentioned in the ‘Cairo Declaration‧ adopted by the governments and NGOs taking part in the 2003 Cairo Conference, held in the context of the international campaign ‘STOPFGM!‧ (an international campaign to eradicate female genital mutilation); |
| --- | --- |

27.

Calls on all governments to prohibit harmful traditions and practices, such as female genital mutilation, and to launch information campaigns on this subject in order to show that they constitute an unacceptable violation of the bodily integrity of women, are a significant threat to health and may even result in death; to this end, calls on them to incorporate in their policies the objectives and instruments mentioned in the ‘Cairo Declaration‧ adopted by the governments and NGOs taking part in the 2003 Cairo Conference, held in the context of the international campaign ‘STOPFGM!‧ (an international campaign to eradicate female genital mutilation);

| 28. | Welcomes the fact that fifteen African states have made genital mutilation of girls and women illegal, thereby ultimately contributing to the reproductive health of women by preventing dangerous infections and complications in pregnancy and childbirth; calls on those African states where genital mutilation is still practised likewise to take legislative steps to prohibit it, and in particular calls on the African States to ratify as soon as possible the ‘Additional Protocol to the African Charter on Human and Peoples Rights and the Rights of Women in Africa‧ (Maputo Protocol) adopted in July 2003 by the Assembly of the African Union in the capital of Mozambique, which provides for the prohibition and condemnation of all harmful practices which violate respect for women's rights, and calls on the governments to adopt all legislative, information and educational measures needed to ensure an end to this practice; in particular calls for all the initiatives in this context to be encouraged and supported; |
| --- | --- |

28.

Welcomes the fact that fifteen African states have made genital mutilation of girls and women illegal, thereby ultimately contributing to the reproductive health of women by preventing dangerous infections and complications in pregnancy and childbirth; calls on those African states where genital mutilation is still practised likewise to take legislative steps to prohibit it, and in particular calls on the African States to ratify as soon as possible the ‘Additional Protocol to the African Charter on Human and Peoples Rights and the Rights of Women in Africa‧ (Maputo Protocol) adopted in July 2003 by the Assembly of the African Union in the capital of Mozambique, which provides for the prohibition and condemnation of all harmful practices which violate respect for women's rights, and calls on the governments to adopt all legislative, information and educational measures needed to ensure an end to this practice; in particular calls for all the initiatives in this context to be encouraged and supported;

| 29. | Calls on the Commission to work with developing countries to tackle and prevent fistula problems at childbirth among girls and young women, particularly in relation to early marriage; |
| --- | --- |

29.

Calls on the Commission to work with developing countries to tackle and prevent fistula problems at childbirth among girls and young women, particularly in relation to early marriage;

| 30. | Propose to give particular attention to gender equality and reproductive rights in its future annual reports on human rights in the world and in the European Union; |
| --- | --- |

30.

Propose to give particular attention to gender equality and reproductive rights in its future annual reports on human rights in the world and in the European Union;

| 31. | Instructs its President to forward this resolution to the Commission, the Council, the ACP-EU Council, the governments of the Member States, the UN Secretary-General, the United Nations Population Fund (UNFPA) and the Joint United Nations Programme on AIDS (UNAIDS). |
| --- | --- |

31.

Instructs its President to forward this resolution to the Commission, the Council, the ACP-EU Council, the governments of the Member States, the UN Secretary-General, the United Nations Population Fund (UNFPA) and the Joint United Nations Programme on AIDS (UNAIDS).

---

(1)  OJ L 224, 6.9.2003, p. 1.

(2)  OJ L 224, 6.9.2003, p. 7.

(3)  OJ L 317, 15.12.2000, p. 3.

(4)  OJ C 211, 22.7.1996, p. 31.

(5)  OJ C 96, 30.3.1998, p. 19.

(6)  OJ C 263, 13.9.2000, p. 41.

(7)  OJ C 59, 23.2.2001, p. 258.

(8)  OJ C 64, 28.2.2001, p. 49.

(9)  OJ C 265, 20.9.2001, p. 24.

(10)  OJ C 263, 13.9.2000, p. 44.

(11)  OJ C 78, 2.4.2002, p. 66.

(12)  OJ C 78, 2.4.2002, p. 64.

(13)  OJ C 284 E, 21.11.2002, p. 337.

(14)  OJ C 231, 27.9.2002, p. 57.

(15)  OJ C 131 E, 5.6.2003, p. 153.

(16)  OJ C 77 E, 28.3.2002, p. 126.

(17)  OJ C 271 E, 12.11.2003, p. 369.

(18)  OJ C 43 E, 19.2.2004, p. 342.

(19)  OJ C 26, 29.1.2004, p. 17.

(20)  Cairo Programme of Action, principle 8.

(21)  Cairo Programme of Action, Chapter 7.6.

P5_TA(2004)0155

Simplifying and improving Community regulation

European Parliament resolution on the Commission communication on simplifying and improving the Community's regulatory activity (COM (2001) 726 — C5-0108/2002 — 2002/2052(COS))

The European Parliament,

| — | having regard to the Commission Communication on simplifying and improving the regulatory environment (COM (2001) 726 — C5-0108/2002), |
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—

having regard to the Commission Communication on simplifying and improving the regulatory environment (COM (2001) 726 — C5-0108/2002),

| — | having regard to the Commission Communication entitled ‘European Governance: Better lawmaking‧ (COM(2002) 275), |
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—

having regard to the Commission Communication entitled ‘European Governance: Better lawmaking‧ (COM(2002) 275),

| — | having regard to the Commission Communication on impact assessment (COM(2002) 276), |
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—

having regard to the Commission Communication on impact assessment (COM(2002) 276),

| — | having regard to the Commission Communication entitled ‘Consultation document: Towards a reinforced culture of consultation and dialogue — Proposal for general principles and minimum standards for consultation of interested parties by the Commission‧ (COM(2002) 277), |
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—

having regard to the Commission Communication entitled ‘Consultation document: Towards a reinforced culture of consultation and dialogue — Proposal for general principles and minimum standards for consultation of interested parties by the Commission‧ (COM(2002) 277),

| — | having regard to the Commission Communication entitled ‘Action plan “Simplifying and improving the regulatory environment”‧ (COM(2002) 278), |
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—

having regard to the Commission Communication entitled ‘Action plan “Simplifying and improving the regulatory environment”‧ (COM(2002) 278),

| — | having regard to the Commission Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on Environmental agreements at community level within the framework of the action plan on the simplification and improvement of the regulatory environment (COM(2002) 412), |
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—

having regard to the Commission Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on Environmental agreements at community level within the framework of the action plan on the simplification and improvement of the regulatory environment (COM(2002) 412),

| — | having regard to the Commission Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on updating and simplifying the Community acquis (COM(2003) 71), |
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—

having regard to the Commission Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on updating and simplifying the Community acquis (COM(2003) 71),

| — | having regard to the Commission Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘First Report on the Implementation of the Framework Action “Updating And Simplifying The Community Acquis”‧ (COM(2003) 623), |
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—

having regard to the Commission Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘First Report on the Implementation of the Framework Action “Updating And Simplifying The Community Acquis”‧ (COM(2003) 623),

| — | having regard to the Interim Report from the Commission to the Stockholm European Council entitled ‘Improving and Simplifying the Regulatory Environment‧ (COM(2001) 130), |
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—

having regard to the Interim Report from the Commission to the Stockholm European Council entitled ‘Improving and Simplifying the Regulatory Environment‧ (COM(2001) 130),

| — | having regard to the Commission White Paper on European Governance (1), |
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—

having regard to the Commission White Paper on European Governance (1),

| — | having regard to its resolution of 4 July 1996 (2) on the report of the group of independent experts on simplification of Community legislation and administrative provisions (‘deregulation‧), |
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—

having regard to its resolution of 4 July 1996 (2) on the report of the group of independent experts on simplification of Community legislation and administrative provisions (‘deregulation‧),

| — | having regard to its resolution of 13 May 1997 (3) on the reports from the Commission to the Council entitled ‘Better Law-making‧ on the application of the subsidiarity and proportionality principles on simplification and consolidation for the years 1994 to 1996, and to its resolutions of 18 December 1998 (4) and 26 October 2000 (5) on the similarly entitled reports from the Commission to the Council for the years 1997 to 1999, |
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—

having regard to its resolution of 13 May 1997 (3) on the reports from the Commission to the Council entitled ‘Better Law-making‧ on the application of the subsidiarity and proportionality principles on simplification and consolidation for the years 1994 to 1996, and to its resolutions of 18 December 1998 (4) and 26 October 2000 (5) on the similarly entitled reports from the Commission to the Council for the years 1997 to 1999,

| — | having regard to the interinstitutional agreement between the European Parliament, the Council and the Commission of 22 December 1998 (6) on common guidelines for the quality of drafting of Community legislation, |
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—

having regard to the interinstitutional agreement between the European Parliament, the Council and the Commission of 22 December 1998 (6) on common guidelines for the quality of drafting of Community legislation,

| — | having regard to its resolution of 29 November 2001 on the Commission White Paper on European governance (7), |
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—

having regard to its resolution of 29 November 2001 on the Commission White Paper on European governance (7),

| — | having regard to the final report of the High-Level Advisory Group, chaired by Mr Mandelkern, on the quality of regulatory arrangements of 13 November 2001, |
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—

having regard to the final report of the High-Level Advisory Group, chaired by Mr Mandelkern, on the quality of regulatory arrangements of 13 November 2001,

| — | having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (8), |
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—

having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (8),

| — | having regard to the report of the European Parliament's Directorate-General for Research on ‘Regulatory Impact Analysis‧: developments and current practices in the EU Member States, on the EU level and in selected third countries', drawn up at the request of the Committee on Legal Affairs and the Internal Market (IV/JURI 106), |
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—

having regard to the report of the European Parliament's Directorate-General for Research on ‘Regulatory Impact Analysis‧: developments and current practices in the EU Member States, on the EU level and in selected third countries', drawn up at the request of the Committee on Legal Affairs and the Internal Market (IV/JURI 106),

| — | having regard to its decision of 9 October 2003 on the conclusion of the interinstitutional agreement on Better Law-Making between the European Parliament, the Council and the Commission (9), |
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—

having regard to its decision of 9 October 2003 on the conclusion of the interinstitutional agreement on Better Law-Making between the European Parliament, the Council and the Commission (9),

| — | having regard to the opinions of the Economic and Social Committee (10), |
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—

having regard to the opinions of the Economic and Social Committee (10),

| — | having regard to the opinion of the Committee of the Regions (CdR 0263/2002), |
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—

having regard to the opinion of the Committee of the Regions (CdR 0263/2002),

| — | having regard to Rule 47(1) of its Rules of Procedure, |
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—

having regard to Rule 47(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, External Trade, Research and Energy, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy, the Committee on Constitutional Affairs and the Committee on Petitions (A5-0443/2002), |
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—

having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, External Trade, Research and Energy, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy, the Committee on Constitutional Affairs and the Committee on Petitions (A5-0443/2002),

| — | having regard to the second report of the Committee on Legal Affairs and the Internal Market (A5-0235/2003), |
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—

having regard to the second report of the Committee on Legal Affairs and the Internal Market (A5-0235/2003),

| — | having regard to the third report of the Committee on Legal Affairs and the Internal Market (A5-0118/2004), |
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—

having regard to the third report of the Committee on Legal Affairs and the Internal Market (A5-0118/2004),

| A. | whereas the quality and comprehensibility of Community legislation have a direct impact on the welfare and prosperity of Community citizens and businesses, |
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A.

whereas the quality and comprehensibility of Community legislation have a direct impact on the welfare and prosperity of Community citizens and businesses,

| B. | whereas a clear and precise legal and regulatory framework should therefore be established to facilitate the decision-making process and make it more transparent, |
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B.

whereas a clear and precise legal and regulatory framework should therefore be established to facilitate the decision-making process and make it more transparent,

| C. | whereas Parliament has concluded the aforementioned interinstitutional agreement with the Council and the Commission on common guidelines for the quality of Community legislation, |
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C.

whereas Parliament has concluded the aforementioned interinstitutional agreement with the Council and the Commission on common guidelines for the quality of Community legislation,

| D. | whereas Parliament has also concluded an interinstitutional agreement with the Council and the Commission on ‘Better Lawmaking‧ (11), |
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D.

whereas Parliament has also concluded an interinstitutional agreement with the Council and the Commission on ‘Better Lawmaking‧ (11),

| 1. | Warmly welcomes the interinstitutional agreement on ‘Better Lawmaking‧; |
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1.

Warmly welcomes the interinstitutional agreement on ‘Better Lawmaking‧;

| 2. | Considers it desirable to establish a permanent interinstitutional dialogue among the Community institutions on improving the quality of legislation; |
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2.

Considers it desirable to establish a permanent interinstitutional dialogue among the Community institutions on improving the quality of legislation;

| 3. | Recalls that this interinstitutional dialogue concerns not only the fields covered by the interinstitutional agreement on ‘Better Lawmaking‧, but also any other field involving the adoption of Community legislation; |
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3.

Recalls that this interinstitutional dialogue concerns not only the fields covered by the interinstitutional agreement on ‘Better Lawmaking‧, but also any other field involving the adoption of Community legislation;

| 4. | Stresses that any future interinstitutional dialogue among the institutions regarding legislation must take due account of the principle of democratic legitimacy, of which the European Parliament is the guarantor; |
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4.

Stresses that any future interinstitutional dialogue among the institutions regarding legislation must take due account of the principle of democratic legitimacy, of which the European Parliament is the guarantor;

| 5. | Demands that the Commission always consult the legislative authority when it deems self-regulation to be useful; |
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5.

Demands that the Commission always consult the legislative authority when it deems self-regulation to be useful;

| 6. | Stresses Parliament's right to call on the Commission to submit a draft legislative act in connection with the latter's consideration of self-regulation practices; |
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6.

Stresses Parliament's right to call on the Commission to submit a draft legislative act in connection with the latter's consideration of self-regulation practices;

| 7. | Stresses Parliament's right to oppose the implementation of any self-regulation practice; |
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7.

Stresses Parliament's right to oppose the implementation of any self-regulation practice;

| 8. | Defends Parliament's right to oppose the entry into force of any draft voluntary agreement in the context of co-regulation; |
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8.

Defends Parliament's right to oppose the entry into force of any draft voluntary agreement in the context of co-regulation;

| 9. | Considers it essential that the Commission should not be able to override opposition expressed by Parliament or the Council to any voluntary practice in the context of self-regulation or co-regulation; |
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9.

Considers it essential that the Commission should not be able to override opposition expressed by Parliament or the Council to any voluntary practice in the context of self-regulation or co-regulation;

| 10. | Instructs its President to forward this resolution to the Council and the Commission. |
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10.

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

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(1)  OJ C 287, 12.10.2001, p. 1.

(2)  OJ C 211, 22.7.1996, p. 23.

(3)  OJ C 167, 2.6.1997, p. 34.

(4)  OJ C 98, 9.4.1999, p. 500.

(5)  OJ C 197, 12.7.2001, p. 433.

(6)  OJ C 73, 17.3.1999, p. 1.

(7)  OJ C 153 E, 27.6.2002, p. 314.

(8)  OJ C 284 E, 21.11.2002, p. 115.

(9)  P5_TA(2003)0426.

(10)  OJ C 125, 27.5.2002, p. 105, OJ C 61, 14.3.2003, p. 142, OJ C 133, 6.6.2003, p. 5.

(11)  OJ C 321, 31.12.2003, p. 1.

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