# CE2004091EN.01002101.xml

| 15.4.2004 | EN | Official Journal of the European Union | CE 91/21 |
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15.4.2004

EN

Official Journal of the European Union

CE 91/21

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MINUTES

(2004/C 91 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Pat COX

President

1.   Opening of sitting

The sitting opened at 09.10.

2.   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. | GEORGIA






  — | Anne André-Léonard, on behalf of the ELDR Group, on Georgia: presidential and parliamentary elections (B5-0547/2003), |
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I.

GEORGIA

—

Anne André-Léonard, on behalf of the ELDR Group, on Georgia: presidential and parliamentary elections (B5-0547/2003),

| — | Demetrio Volcic and Margrietus J. van den Berg, on behalf of the PSE Group, on Georgia: presidential and parliamentary elections (B5-0550/2003), |
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—

Demetrio Volcic and Margrietus J. van den Berg, on behalf of the PSE Group, on Georgia: presidential and parliamentary elections (B5-0550/2003),

| — | Bastiaan Belder, on behalf of the EDD Group, on Georgia: presidential and parliamentary elections (B5-0554/2003), |
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—

Bastiaan Belder, on behalf of the EDD Group, on Georgia: presidential and parliamentary elections (B5-0554/2003),

| — | Helmuth Markov, on behalf of the GUE/NGL Group, on Georgia (B5-0556/2003), |
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—

Helmuth Markov, on behalf of the GUE/NGL Group, on Georgia (B5-0556/2003),

| — | Per Gahrton, Marie Anne Isler Béguin and Miquel Mayol i Raynal, on behalf of the Verts/ALE Group, on Georgia: (B5-0560/2003), |
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—

Per Gahrton, Marie Anne Isler Béguin and Miquel Mayol i Raynal, on behalf of the Verts/ALE Group, on Georgia: (B5-0560/2003),

| — | Marielle De Sarnez, Bernd Posselt and Ursula Schleicher, on behalf of the PPE-DE Group, on Georgia: presidential and parliamentary elections (B5-0566/2003); |
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—

Marielle De Sarnez, Bernd Posselt and Ursula Schleicher, on behalf of the PPE-DE Group, on Georgia: presidential and parliamentary elections (B5-0566/2003);

| II. | PHILIPPINES: END OF THE MORATORIUM ON THE DEATH PENALTY






  — | Bob van den Bos, on behalf of the ELDR Group, on the end of the moratorium on the death penalty in the Philippines (B5-0545/2003), |
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II.

PHILIPPINES: END OF THE MORATORIUM ON THE DEATH PENALTY

—

Bob van den Bos, on behalf of the ELDR Group, on the end of the moratorium on the death penalty in the Philippines (B5-0545/2003),

| — | Margrietus J. van den Berg, on behalf of the PSE Group, on the end of the moratorium on the death penalty in the Philippines (B5-0551/2003), |
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—

Margrietus J. van den Berg, on behalf of the PSE Group, on the end of the moratorium on the death penalty in the Philippines (B5-0551/2003),

| — | Giuseppe Di Lello Finuoli and Lucio Manisco, on behalf of the GUE/NGL Group, on the end of the moratorium on the death penalty in the Philippines (B5-0557/2003), |
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—

Giuseppe Di Lello Finuoli and Lucio Manisco, on behalf of the GUE/NGL Group, on the end of the moratorium on the death penalty in the Philippines (B5-0557/2003),

| — | Patricia McKenna and Matti Wuori, on behalf of the Verts/ALE Group, on the end of the moratorium on the death penalty in the Philippines (B5-0562/2003), |
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—

Patricia McKenna and Matti Wuori, on behalf of the Verts/ALE Group, on the end of the moratorium on the death penalty in the Philippines (B5-0562/2003),

| — | Bernd Posselt and Ilkka Suominen, on behalf of the PPE-DE Group, on the end of the moratorium on the death penalty in the Philippines (B5-0567/2003), |
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—

Bernd Posselt and Ilkka Suominen, on behalf of the PPE-DE Group, on the end of the moratorium on the death penalty in the Philippines (B5-0567/2003),

| — | Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the end of the moratorium on the death penalty in the Philippines (B5-0569/2003). |
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—

Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the end of the moratorium on the death penalty in the Philippines (B5-0569/2003).

| III. | MOLDOVA






  — | Ole Andreasen, Anne André-Léonard and Bob van den Bos, on behalf of the ELDR Group, on Moldova (B5-0546/2003), |
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III.

MOLDOVA

—

Ole Andreasen, Anne André-Léonard and Bob van den Bos, on behalf of the ELDR Group, on Moldova (B5-0546/2003),

| — | Bastiaan Belder, on behalf of the EDD Group, on Moldova (B5-0555/2003), |
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—

Bastiaan Belder, on behalf of the EDD Group, on Moldova (B5-0555/2003),

| — | Giuseppe Di Lello Finuoli and Helmuth Markov, on behalf of the GUE/NGL Group, on Moldova (B5-0558/2003), |
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—

Giuseppe Di Lello Finuoli and Helmuth Markov, on behalf of the GUE/NGL Group, on Moldova (B5-0558/2003),

| — | Jan Marinus Wiersma, on behalf of the PSE Group, on the political situation in Moldova (B5-0559/2003), |
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—

Jan Marinus Wiersma, on behalf of the PSE Group, on the political situation in Moldova (B5-0559/2003),

| — | Marie Anne Isler Béguin and Elisabeth Schroedter, on behalf of the Verts/ALE Group, on the political situation in Moldova (B5-0561/2003), |
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—

Marie Anne Isler Béguin and Elisabeth Schroedter, on behalf of the Verts/ALE Group, on the political situation in Moldova (B5-0561/2003),

| — | Michael Gahler, Bernd Posselt, Lennart Sacrédeus and Charles Tannock, on behalf of the PPE-DE Group, on Moldova (B5-0568/2003). |
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—

Michael Gahler, Bernd Posselt, Lennart Sacrédeus and Charles Tannock, on behalf of the PPE-DE Group, on Moldova (B5-0568/2003).

Speaking time would be allocated in accordance with Rule 120.

3.   European Council/IGC/Italian presidency (statements followed by debate)

(statements followed by debate)

European Council report and Commission statement: European Council (Brussels, 12/13 December 2003)

Council and Commission statements: Meeting of heads of state and/or government on the IGC (Brussels, 12/13 December 2003)

Statement by the President-in-Office of the Council: The work of the Italian presidency

The President of Parliament reported briefly on the questions he had raised on behalf of Parliament at the European Council and the Intergovernmental Conference.

Silvio Berlusconi (President-in-Office of the Council) and Romano Prodi (President of the Commission) made the statements.

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Enrique Barón Crespo, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Francis Wurtz, on behalf of the GUE/NGL Group, Monica Frassoni, on behalf of the Verts/ALE Group, Cristiana Muscardini, on behalf of the UEN Group, William Abitbol, on behalf of the EDD Group, Marco Pannella, Non-attached Member, Jonathan Evans, Giorgio Napolitano, Andrew Nicholas Duff, Fausto Bertinotti, Johannes Voggenhuber, Charles Pasqua, Jens-Peter Bonde, Francesco Enrico Speroni, Elmar Brok, Klaus Hänsch, Francesco Rutelli, Sylvia-Yvonne Kaufmann, Josu Ortuondo Larrea, Georges Berthu, Gerardo Galeote Quecedo, Richard Corbett, Giorgio Calò, Camilo Nogueira Román, Íñigo Méndez de Vigo, Martin Schulz, Francesco Fiori, Pervenche Berès, Ilkka Suominen, Johannes (Hannes) Swoboda, Othmar Karas, Carlos Carnero González, Markus Ferber, Carlos Lage, Philippe Morillon, Giorgos Katiforis, Antonio Tajani, Pasqualina Napoletano, Silvio Berlusconi, Monica Frassoni, who put a question to the Commission, and Romano Prodi, who began by answering Monica Frassoni's question.

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

| a) | IGC:






  — | Jonathan Evans, Robert Atkins, Richard A. Balfe, Christopher J.P. Beazley, John Bowis, Philip Charles Bradbourn, Philip Bushill-Matthews, Martin Callanan, John Alexander Corrie, Nirj Deva, Den Dover, James E.M. Elles, Jacqueline Foster, Robert Goodwill, Daniel J. Hannan, Malcolm Harbour, Christopher Heaton-Harris, Roger Helmer, Caroline F. Jackson, Bashir Khanbhai, Timothy Kirkhope, Edward H.C. McMillan-Scott, James Nicholson, Neil Parish, James L.C. Provan, Struan Stevenson, Stockton, Robert William Sturdy, David Sumberg, Charles Tannock, Geoffrey Van Orden and Theresa Villiers, on the meeting of heads of state and/or government on the IGC (Brussels, 12/13 December 2003) (B5-0535/2003), |
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a)

IGC:

—

Jonathan Evans, Robert Atkins, Richard A. Balfe, Christopher J.P. Beazley, John Bowis, Philip Charles Bradbourn, Philip Bushill-Matthews, Martin Callanan, John Alexander Corrie, Nirj Deva, Den Dover, James E.M. Elles, Jacqueline Foster, Robert Goodwill, Daniel J. Hannan, Malcolm Harbour, Christopher Heaton-Harris, Roger Helmer, Caroline F. Jackson, Bashir Khanbhai, Timothy Kirkhope, Edward H.C. McMillan-Scott, James Nicholson, Neil Parish, James L.C. Provan, Struan Stevenson, Stockton, Robert William Sturdy, David Sumberg, Charles Tannock, Geoffrey Van Orden and Theresa Villiers, on the meeting of heads of state and/or government on the IGC (Brussels, 12/13 December 2003) (B5-0535/2003),

| — | Enrique Barón Crespo, Klaus Hänsch, Giorgio Napolitano and Richard Corbett, on behalf of the PSE Group, on the outcome of the Intergovernmental Conference (B5-0573/2003), |
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—

Enrique Barón Crespo, Klaus Hänsch, Giorgio Napolitano and Richard Corbett, on behalf of the PSE Group, on the outcome of the Intergovernmental Conference (B5-0573/2003),

| — | Hans-Gert Poettering, Francesco Fiori, Elmar Brok and Íñigo Méndez de Vigo, on behalf of the PPE-DE Group, on the outcome of the Intergovernmental Conference (B5-0574/2003), |
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—

Hans-Gert Poettering, Francesco Fiori, Elmar Brok and Íñigo Méndez de Vigo, on behalf of the PPE-DE Group, on the outcome of the Intergovernmental Conference (B5-0574/2003),

| — | Andrew Nicholas Duff, on behalf of the ELDR Group, on the meeting of the Intergovernmental Conference (IGC) in Brussels on 12-13 December 2003 (B5-0575/2003), |
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—

Andrew Nicholas Duff, on behalf of the ELDR Group, on the meeting of the Intergovernmental Conference (IGC) in Brussels on 12-13 December 2003 (B5-0575/2003),

| — | Johannes Voggenhuber, Monica Frassoni and Neil MacCormick, on behalf of the Verts/ALE Group, on the outcome of the IGC (B5-0576/2003), |
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—

Johannes Voggenhuber, Monica Frassoni and Neil MacCormick, on behalf of the Verts/ALE Group, on the outcome of the IGC (B5-0576/2003),

| — | Francis Wurtz, on behalf of the GUE/NGL Group, on the outcome of the IGC (B5-0579/2003), |
| --- | --- |

—

Francis Wurtz, on behalf of the GUE/NGL Group, on the outcome of the IGC (B5-0579/2003),

| — | Charles Pasqua, Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the Heads of State and Government Summit on the IGC (B5-0581/2003). |
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—

Charles Pasqua, Cristiana Muscardini and Luís Queiró, on behalf of the UEN Group, on the Heads of State and Government Summit on the IGC (B5-0581/2003).

| b) | European Council:






  — | Daniel Marc Cohn-Bendit, Monica Frassoni and Nelly Maes, on behalf of the Verts/ALE Group, on the outcome of the European Council in Brussels, 12 December 2003 (B5-0570/2003), |
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b)

European Council:

—

Daniel Marc Cohn-Bendit, Monica Frassoni and Nelly Maes, on behalf of the Verts/ALE Group, on the outcome of the European Council in Brussels, 12 December 2003 (B5-0570/2003),

| — | Enrique Barón Crespo, on behalf of the PSE Group, on the outcome of the European Council in Brussels, 12-13 December 2003 (B5-0577/2003), |
| --- | --- |

—

Enrique Barón Crespo, on behalf of the PSE Group, on the outcome of the European Council in Brussels, 12-13 December 2003 (B5-0577/2003),

| — | Francis Wurtz, on behalf of the GUE/NGL Group, on the conclusions of the European Council of 12 and 13 December 2003 (B5-0578/2003), |
| --- | --- |

—

Francis Wurtz, on behalf of the GUE/NGL Group, on the conclusions of the European Council of 12 and 13 December 2003 (B5-0578/2003),

| — | Andrew Nicholas Duff and Cecilia Malmström, on behalf of the ELDR Group, on the outcome of the European Council (Brussels 12-13 December 2003) (B5-0580/2003), |
| --- | --- |

—

Andrew Nicholas Duff and Cecilia Malmström, on behalf of the ELDR Group, on the outcome of the European Council (Brussels 12-13 December 2003) (B5-0580/2003),

| — | Charles Pasqua, Cristiana Muscardini, Gerard Collins and Luís Queiró, on behalf of the UEN Group, on the Brussels European Council of 12 and 13 December 2003 (B5-0582/2003), |
| --- | --- |

—

Charles Pasqua, Cristiana Muscardini, Gerard Collins and Luís Queiró, on behalf of the UEN Group, on the Brussels European Council of 12 and 13 December 2003 (B5-0582/2003),

| — | Hans-Gert Poettering, Ilkka Suominen, Othmar Karas, Philippe Morillon, Arie M. Oostlander and Hubert Pirker, on behalf of the PPE-DE Group, on the outcome of the European Council in Brussels, 12-13 December 2003 (B5-0583/2003). |
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—

Hans-Gert Poettering, Ilkka Suominen, Othmar Karas, Philippe Morillon, Arie M. Oostlander and Hubert Pirker, on behalf of the PPE-DE Group, on the outcome of the European Council in Brussels, 12-13 December 2003 (B5-0583/2003).

The debate closed.

Vote: Minutes of 18.12.2003, Items 15 and 20.

Minutes of 18.12.2003, Items 15 and 20

4.   Data protection (appointment of a European Supervisor and Deputy Supervisor)

(appointment of a European Supervisor and Deputy Supervisor)

The President announced that, pursuant to Article 286 of the EC Treaty and to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000, the Conference of Presidents, at its meeting of 11 December 2003, following the deliberations of the LIBE Committee, had approved the joint appointment by Parliament and the Council of Peter Johan Hustinx, as Supervisor, and Joaquin Bayo Delgado, as Deputy Supervisor.

5.   Signature of the Interinstitutional Agreement on better lawmaking

The President made a short statement in which he recalled the negotiations leading up to the conclusion of the Interinstitutional Agreement, and its objectives.

*

- *

President Pat Cox, Franco Frattini (President-in-Office of the Council) and Romano Prodi (President of the Commission) then signed the document in the presence of Johannes (Hannes) Swoboda, Giuseppe Gargani, Monica Frassoni and Nicholas Clegg, who had conducted the negotiations on behalf of Parliament, and of Loyola de Palacio (Vice-President of the Commission) and Silvio Berlusconi (Council).

Caroline F. Jackson asked the President to communicate his proposals for implementing the agreement (the President replied that the process would come into place gradually).

IN THE CHAIR: James L.C. PROVAN

Vice-President

VOTING TIME

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

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

6.   Request for the defence of Mr Gargani's parliamentary immunity and privileges (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the request for defence of parliamentary immunity and privileges submitted by Giuseppe Gargani [2003/2182(IMM)] — Committee on Legal Affairs and the Internal Market. Rapporteur: (A5-0421/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

DRAFT DECISION

Adopted by single vote (P5_TA(2003)0553)

(P5_TA(2003)0553)

The following spoke:

The following spoke:

| — | Bruno Gollnisch, who stated that Members who had submitted requests for defence of their parliamentary immunity should be able to address the House; he announced his intention of tabling a proposal to amend the Rules of Procedure to this end. |
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—

Bruno Gollnisch, who stated that Members who had submitted requests for defence of their parliamentary immunity should be able to address the House; he announced his intention of tabling a proposal to amend the Rules of Procedure to this end.

7.   Request for the defence of Mr Dupuis' parliamentary immunity and privileges (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the request for defence of parliamentary immunity and privileges made by Olivier Dupuis [2003/2059(IMM)] — Committee on Legal Affairs and the Internal Market. Rapporteur: (A5-0450/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

DRAFT DECISION

Adopted by single vote (P5_TA(2003)0554)

(P5_TA(2003)0554)

8.   Cohesion Fund *** (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation on the proposal for a Council regulation establishing a Cohesion Fund (codified version) [COM(2003) 352 — C5-0291/2003 — 2003/0129(AVC)] — Committee on Legal Affairs and the Internal Market. Rapporteur: (A5-0454/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0555)

(P5_TA(2003)0555)

9.   Aid rates in the seeds sector for 2004/05 * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation setting aid rates in the seeds sector for the 2004/05 marketing year [COM(2003) 552 — C5-0459/2003 — 2003/0212(CNS)] — Committee on Agriculture and Rural Development. Rapporteur: (A5-0416/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0556)

(P5_TA(2003)0556)

10.   Milk and milk products in the Azores * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 1453/2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (POSEIMA) with respect to the application of the supplementary levy in the milk and milk products sector in the Azores [COM(2003) 617 — C5-0500/2003 — 2003/0244(CNS)] — Committee on Agriculture and Rural Development. Rapporteur: (A5-0415/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0557)

(P5_TA(2003)0557)

11.   Set-aside 2004/5 * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation derogating from Regulation (EC) No 1251/1999 as regards the set-aside requirement for the 2004/2005 marketing year [COM(2003) 691 — C5-0559/2003 — 2003/0271(CNS)] — Committee on Agriculture and Rural Development. Rapporteur: (A5-0460/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0558)

(P5_TA(2003)0558)

12.   COM in raw tobacco * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco [COM(2003) 633 — C5-0517/2003 — 2003/0251(CNS)] — Committee on Agriculture and Rural Development. Rapporteur: (A5-0462/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0559)

(P5_TA(2003)0559)

13.   EC-USA scientific and technical cooperation agreement * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision concerning the conclusion of an agreement aimed at renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America [COM(2003) 569 — C5-0503/2003 — 2003/0223(CNS)] — Committee on Industry, External Trade, Research and Energy. Rapporteur: (A5-0436/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0560)

(P5_TA(2003)0560)

14.   N1 vehicle carbon dioxide emissions and fuel consumption ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles [5997/1/2003 — C5-0491/2003 — 2001/0255(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: (A5-0432/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

DRAFT LEGISLATIVE RESOLUTION

Declared approved (P5_TA(2003)0561)

(P5_TA(2003)0561)

15.   Drug precursors ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a regulation of the European Parliament and of the Council on drug precursors [9732/1/2003 — C5-0462/2003 — 2002/0217(COD)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs. Rapporteur: (A5-0430/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

DRAFT LEGISLATIVE RESOLUTION

Declared approved (P5_TA(2003)0562)

(P5_TA(2003)0562)

16.   ‘Culture 2000’ programme ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a decision of the European Parliament and of the Council amending Decision No 508/2000/EC of 14 February 2000 establishing the ‘Culture 2000’ programme [COM(2003) 187 — C5-0178/2003 — 2003/0076(COD)] — Committee on Culture, Youth, Education, the Media and Sport. Rapporteur: (A5-0417/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0563)

(P5_TA(2003)0563)

17.   Statistics on trade in goods ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council regulation on the statistics relating to the trading of goods between Member States [COM(2003) 364 — C5-0285/2003 — 2003/0126(COD)] — Committee on Economic and Monetary Affairs. Rapporteur: (A5-0426/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Astrid Lulling (rapporteur) made a statement pursuant to Rule 110a(4).

Adopted by single vote (P5_TA(2003)0564)

(P5_TA(2003)0564)

18.   Convention: discharge 2002 *** (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation on the decision of the Representatives of the Governments of the Member States concerning the discharge to be granted to the Secretary-General of the Convention in respect of the implementation of its budget for the financial year 2002 [C5-0406/2003 — 2003/0903(AVC)] — Committee on Budgetary Control. Rapporteur: (A5-0414/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0565)

(P5_TA(2003)0565)

19.   VAT implementing powers and derogations * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council directive amending Directive 77/388/CEE concerning the common system of value added tax, as regards conferment of implementing powers and the procedure for adopting derogations [COM(2003) 335 — C5-0281/2003 — 2003/0120(CNS)] — Committee on Economic and Monetary Affairs. Rapporteur: (A5-0427/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 14)

(Voting record: Annex 1, Item 14)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0566)

(P5_TA(2003)0566)

20.   Taxation of parent companies and subsidiaries of different Member States * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council directive amending Directive 90/435/EEC on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States [COM(2003) 462 — C5-0427/2003 — 2003/0179(CNS)] — Committee on Economic and Monetary Affairs. Rapporteur: (A5-0472/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 15)

(Voting record: Annex 1, Item 15)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0567)

(P5_TA(2003)0567)

21.   Controls on fishing in the Antarctic * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the amended proposal for a Council regulation laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources [COM(2003) 384 — C5-0430/2003 — 2002/0137(CNS)] — Committee on Fisheries. Rapporteur: (A5-0440/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 16)

(Voting record: Annex 1, Item 16)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0568)

(P5_TA(2003)0568)

22.   Technical measures applicable to fishing activities in the Antarctic * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the amended proposal for a Council regulation laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources [COM(2003) 384 — C5-0431/2003 — 2002/0138(CNS)] — Committee on Fisheries. Rapporteur: (A5-0437/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 17)

(Voting record: Annex 1, Item 17)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0569)

(P5_TA(2003)0569)

23.   Human tissues and cells ***II (vote)

(vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council on setting standards of quality and safety for the donation, procurement, testing, processing, storage, and distribution of human tissues and cells [10133/3/2003 — C5-0416/2003 — 2002/0128(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: (A5-0387/2003).

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 18)

(Voting record: Annex 1, Item 18)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2003)0570)

(P5_TA(2003)0570)

The following spoke:

The following spoke:

| — | Peter Liese (rapporteur) on amendments 38 and 58. |
| --- | --- |

—

Peter Liese (rapporteur) on amendments 38 and 58.

24.   Takeover bids ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on takeover bids [COM(2002) 534 — C5-0481/2002 — 2002/0240(COD)] — Committee on Legal Affairs and the Internal Market. Rapporteur: (A5-0469/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 20)

(Voting record: Annex 1, Item 20)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0570)

(P5_TA(2003)0570)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0571)

(P5_TA(2003)0571)

The following spoke:

The following spoke:

| — | Rocco Buttiglione (President-in-Office of the Council), who expressed his satisfaction with the result of the vote. |
| --- | --- |

—

Rocco Buttiglione (President-in-Office of the Council), who expressed his satisfaction with the result of the vote.

25.   VAT on postal services * (vote)

(vote)

Report on the proposal for a Council directive amending Directive 77/388/EEC as regards value added tax on services provided in the postal sector [COM(2003) 234 — C5-0227/2003 — 2003/0091(CNS)] — Committee on Economic and Monetary Affairs. Rapporteur: (A5-0467/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 21)

(Voting record: Annex 1, Item 21)

COMMISSION PROPOSAL

Rejected

António Vitorino (Member of the Commission) stated that he had taken note of the result of the vote and would take up the matter with the Commission; Parliament would then be informed of the Commission's position. The President established on the basis of these remarks that the Commission was not withdrawing its proposal and therefore referred the matter back to the committee responsible pursuant to Rule 68(3).

26.   Market regulation and competition rules for the liberal professions (vote)

(vote)

Motions for resolution B5-0430, 0431 and 0432/2003

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 22)

(Voting record: Annex 1, Item 22)

JOINT MOTION FOR A RESOLUTION RC-B5-0430/2003

(replacing B5-0430, 0431 and 0432/2003):

tabled by the following Members:

| — | Klaus-Heiner Lehne, Othmar Karas, Giuseppe Gargani, Marianne L.P. Thyssen, Stefano Zappalà, on behalf of the PPE-DE Group, |
| --- | --- |

—

Klaus-Heiner Lehne, Othmar Karas, Giuseppe Gargani, Marianne L.P. Thyssen, Stefano Zappalà, on behalf of the PPE-DE Group,

| — | Manuel Medina Ortega, on behalf of the PSE Group, |
| --- | --- |

—

Manuel Medina Ortega, on behalf of the PSE Group,

| — | Willy C.E.H. De Clercq, on behalf of the ELDR Group |
| --- | --- |

—

Willy C.E.H. De Clercq, on behalf of the ELDR Group

Adopted (P5_TA(2003)0572)

(P5_TA(2003)0572)

27.   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 Lehne — A5-0469/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Olle Schmidt — A5-0467/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

28.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Liese — A5-0387/2003

| — | amendment 38

  for: Caroline Lucas, Christopher J.P. Beazley

  against: Michel Rocard, Thierry Cornillet

  abstention: Efstratios Korakas |
| --- | --- |

—

amendment 38

for: Caroline Lucas, Christopher J.P. Beazley

for:

against: Michel Rocard, Thierry Cornillet

against:

abstention: Efstratios Korakas

abstention:

| — | amendment 58

  for: Charlotte Cederschiöld, Hans-Gert Poettering |
| --- | --- |

—

amendment 58

for: Charlotte Cederschiöld, Hans-Gert Poettering

for:

Report Lehne — A5-0469/2003

| — | amended proposal

  for: Helle Thorning-Schmidt

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

—

amended proposal

for: Helle Thorning-Schmidt

for:

abstention: Hans-Peter Martin

abstention:

| — | legislative resolution

  for: Helle Thorning-Schmidt |
| --- | --- |

—

legislative resolution

for: Helle Thorning-Schmidt

for:

Arlette Laguiller, Armonia Bordes and Chantal Cauquil had been present but had not taken part in the votes on amendments 34, 36, 43, 37, 44, 39, 45 and 38 to the Lehne report (A5-0469/2003).

END OF VOTING TIME

(The sitting was suspended at 13.05 and resumed at 15.00.)

(The sitting was suspended at 13.05 and resumed at 15.00.)

IN THE CHAIR: Alejo VIDAL-QUADRAS ROCA

Vice-President

29.   Approval of Minutes of previous sitting

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

Ioannis Patakis announced that he had wanted to make a one-minute speech under Rule 121a the previous day, and asked to be allowed to make it at that moment (the President replied that this was not possible under the Rules but undertook to forward the matter to the President of Parliament).

The Minutes of the previous sitting were approved.

30.   Draft 2004 budget as modified by the Council and Letters of Amendment 1,2 & 3/2004 (debate)

(debate)

Report on the draft general budget of the European Union for the year 2004 as modified by the Council (all sections)

[11357/2003 — C5-0600/2003 — 2003/2001(BUD) — 2003/2002(BUD)]

and Letters of Amendment Nos 1, 2 and 3/2004

[14837/2003 — C5-0570/2003, 14838/2003 — C5-0571/2003, 14839/2003 — C5-0572/2003

to the draft general budget of the European Union for the financial year 2004

Section I — European Parliament

Section II — Council

Section III — Commission

Section IV — Court of Justice

Section V — Court of Auditors

Section VI — Economic and Social Committee

Section VII — Committee of the Regions

Section VIII(A) — European Ombudsman

Section VII(B) — European Data Protection Supervisor — Committee on Budgets. Rapporteurs: Jan Mulder and Neena Gill (A5-0473/2003).

Jan Mulder and Neena Gill introduced the report.

Michaele Schreyer (Member of the Commission) spoke.

The following spoke: Salvador Garriga Polledo, on behalf of the PPE-DE Group, Terence Wynn, on behalf of the PSE Group, Kyösti Tapio Virrankoski, on behalf of the ELDR Group, Esko Olavi Seppänen, on behalf of the GUE/NGL Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, Franz Turchi, on behalf of the UEN Group, Rijk van Dam, on behalf of the EDD Group, James E.M. Elles and Ralf Walter.

IN THE CHAIR: Gérard ONESTA

Vice-President

The following spoke: Anne Elisabet Jensen, Liam Hyland, Den Dover, Bárbara Dührkop Dührkop, Johan Van Hecke, Markus Ferber, Catherine Guy-Quint, Juan Andrés Naranjo Escobar, Göran Färm, Gianfranco Dell'Alba, Bartho Pronk, Giovanni Pittella, John Joseph McCartin, Edward H.C. McMillan-Scott, Armin Laschet and Jan Mulder (general rapporteur for the budget).

The debate closed.

Vote: Minutes of 18.12.2003, Item 10

Minutes of 18.12.2003, Item 10

(The sitting was suspended at 16.55 pending Question Time and resumed at 17.30.)

(The sitting was suspended at 16.55 pending Question Time and resumed at 17.30.)

IN THE CHAIR: Alonso José PUERTA

Vice-President

31.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B5-0416/2003).

Question 1 by Camilo Nogueira Román: European Union commitments in Iraq.

Question 1

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

The following spoke: Josu Ortuondo Larrea and Camilo Nogueira Román.

Question 2 by Alexandros Alavanos: Greek seamen held in Pakistan.

Question 2

Roberto Antonione answered the question.

Alexandros Alavanos.

Questions 3 and 4 by Bernd Posselt and Dana Rosemary Scallon: Reproductive health.

Questions 3 and 4

Roberto Antonione answered the questions and supplementaries by Bernd Posselt and Dana Rosemary Scallon.

Bruno Gollnisch pointed out that in Rule 43, this item was entitled ‘Question Time with the Council and the Commission’; he complained that the Commission was not present (the President took note of his remarks).

Question 5 by Miguel Angel Martínez Martínez: Keys to the differing EU policies on China and Cuba.

Question 5

Roberto Antonione answered the question and a supplementary by Miguel Angel Martínez Martínez.

Question 6 by Philip Bushill-Matthews: Drivers' hours.

Question 6

Roberto Antonione answered the question.

Philip Bushill-Matthews put a supplementary which Roberto Antonione undertook to forward to the Council.

Question 7 by Marco Cappato: Homophobic decision of the Greek National Radio and Television Council.

Question 7

Roberto Antonione answered the question and a supplementary by Maurizio Turco (deputising for the author).

Question 8 by María Luisa Bergaz Conesa: Human rights violations in the USA.

Question 8

Roberto Antonione answered the question.

Pedro Marset Campos (deputising for the author) put a supplementary which Roberto Antonione undertook to answer in detail at a later date.

Konstantinos Alyssandrakis and Miguel Angel Martínez Martínez put supplementaries which Roberto Antonione answered.

Question 9 by María Izquierdo Rojo: Migration policy and temporary migration.

Question 9

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

Question 10 by Christos Zacharakis: Measures to secure democracy in Albania.

Question 10

Roberto Antonione answered the question.

Christos Zacharakisspoke.

Question 11 by Manuel Medina Ortega: Agreements with third countries on controlling immigration.

Question 11

Roberto Antonione answered the question and a supplementary by Manuel Medina Ortega.

Question 12 by Bill Newton Dunn: Statistics on crime across the Union.

Question 12

Roberto Antonione answered the question.

Bill Newton Dunnspoke.

John Hume and Paul Rübig put supplementaries which Roberto Antonione answered.

Question 13 by Esko Olavi Seppänen: Food Safety Authority.

Question 13

Roberto Antonione answered the question.

Esko Olavi Seppänenspoke.

Question 14 by Paulo Casaca: Waiver of fines for exceeding the reference quantities for milk production.

Question 14

Roberto Antonione answered the question.

Paulo Casaca put a supplementary which Roberto Antonione undertook to answer in detail at a later date.

Question 15 by Olivier Dupuis: Georgia.

Question 15

Roberto Antonione answered the question and a supplementary by Olivier Dupuis.

Question 16 by Niels Busk: State aid to Italian milk producers.

Question 16

Roberto Antonione answered the question and a supplementary by Ole Andreasen (deputising for the author).

Question 17 by Ioannis Souladakis: Relations between the European Union and the countries of the Caucasus.

Question 17

Roberto Antonione answered the question.

Ioannis Souladakisspoke.

Question 18 by Proinsias De Rossa: Torture Equipment Regulation.

Question 18

Roberto Antonione answered the question.

Proinsias De Rossa put a supplementary which Roberto Antonione undertook to answer in detail at a later date. Ioannis Souladakis spoke.

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

Council Question Time closed.

(The sitting was suspended at 19.00 and resumed at 21.00.)

(The sitting was suspended at 19.00 and resumed at 21.00.)

IN THE CHAIR: Giorgos DIMITRAKOPOULOS

Vice-President

32.   European Medicines Agency ***II — Community code on medicinal products for human use ***II — Community code on veterinary medicinal products ***II (debate)

(debate)

Recommendation for second reading on the common position of the Council with a view to adopting a regulation of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency [10949/2/2003 — C5-0463/2003 — 2001/0252(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: (A5-0425/2003).

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council amending Directive 2001/83/EC on the Community code relating to medicinal products for human use [10950/3/2003 — C5-0464/2003 — 2001/0253(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: (A5-0446/2003)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products [10951/3/2003 — C5-0465/2003 — 2001/0254(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: (A5-0444/2003)

Rosemarie Müller introduced the recommendation for second reading (A5-0425/2003).

Françoise Grossetête introduced the recommendations for second reading (A5-0446/2003 and A5-0444/2003).

Erkki Liikanen (Member of the Commission) spoke.

The following spoke: Giuseppe Nisticò, on behalf of the PPE-DE Group, Phillip Whitehead, on behalf of the PSE Group, Frédérique Ries, on behalf of the ELDR Group, Didier Rod, on behalf of the Verts/ALE Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Caroline F. Jackson, Saïd El Khadraoui, Alexander de Roo, Peter Liese, Dorette Corbey, Ria G.H.C. Oomen-Ruijten, Véronique De Keyser, Avril Doyle, Catherine Stihler, Robert William Sturdy, Rosemarie Müller, James Nicholson, Neil Parish, Françoise Grossetête, Erkki Liikanen, Ria G.H.C. Oomen-Ruijten, Dorette Corbey, Avril Doyle, the last three of whom to ask the Commission to answer their questions, which Erkki Liikanen did.

The debate closed.

Vote: Minutes of 17.12.2003, Items 8, 9 and 10

Minutes of 17.12.2003, Items 8, 9 and 10

33.   Traditional herbal medicinal products ***II (debate)

(debate)

Recommendation for second reading on the common position of the Council with a view to adopting a European Parliament and Council directive amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community code relating to medicinal products for human use [12754/1/2003 — C5-0519/2003 — 2002/0008(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: Giuseppe Nisticò (A5-0452/2003).

Giuseppe Nisticò introduced the recommendation for second reading.

Erkki Liikanen (Member of the Commission) spoke.

The following spoke: Avril Doyle, on behalf of the PPE-DE Group, Catherine Stihler, on behalf of the PSE Group, Patricia McKenna, on behalf of the Verts/ALE Group, Bent Hindrup Andersen, on behalf of the EDD Group, Graham H. Booth and Nuala Ahern.

The debate closed.

Vote: Minutes of 17.12.2003, Item 11

Minutes of 17.12.2003, Item 11

34.   Measuring instruments ***II (debate)

(debate)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council on measuring instruments [9681/4/2003 — C5-0417/2003 — 2000/0233(COD)] — Committee on Industry, External Trade, Research and Energy. Rapporteur: Giles Bryan Chichester (A5-0458/2003).

Giles Bryan Chichester introduced the recommendation for second reading.

Erkki Liikanen (Member of the Commission) spoke.

The following spoke: Norbert Glante, on behalf of the PSE Group, Eryl Margaret McNally, Hans-Peter Martin and Erkki Liikanen.

The debate closed.

Vote: Minutes of 17.12.2003, Item 12

Minutes of 17.12.2003, Item 12

35.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 338.624/OJME.

36.   Closure of sitting

The sitting closed at 23.30.

Julian Priestley

Secretary-General

Joan Colom i Naval

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Nuala Ahern, Ainardi, Alavanos, Almeida Garrett, Alyssandrakis, Andersen, Andersson, Andreasen, André-Léonard, Andrews, Andria, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Averoff, Avilés Perea, Ayuso González, Bakopoulos, Balfe, Baltas, Banotti, Barón Crespo, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Berlato, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Bonino, Boogerd-Quaak, Booth, Bordes, Borghezio, van den Bos, Boselli, Boudjenah, Boumediene-Thiery, Bourlanges, Bouwman, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Brok, Brunetta, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Caudron, Caullery, Cauquil, Cederschiöld, Celli, Cercas, Cerdeira Morterero, Ceyhun, Chichester, Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Corbett, Corbey, Cornillet, Corrie, Paolo Costa, Cox, Crowley, Cushnahan, van Dam, Darras, Dary, Daul, Davies, De Clercq, Decourrière, Dehousse, De Keyser, Dell'Alba, Della Vedova, Dell'Utri, De Mita, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dimitrakopoulos, Di Pietro, Doorn, Dover, Doyle, Dührkop Dührkop, Duff, Duhamel, Duin, Dupuis, 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, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flautre, Flesch, Florenz, Folias, Ford, Formentini, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Gahrton, Galeote Quecedo, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, Gasòliba i Böhm, de Gaulle, Gawronski, Gebhardt, Ghilardotti, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, Hansenne, Harbour, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Hernández Mollar, Herranz García, Herzog, Hieronymi, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Kastler, Katiforis, Kaufmann, Keppelhoff-Wiechert, Keßler, Khanbhai, Kindermann, Glenys Kinnock, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korakas, Korhola, Koukiadis, Koulourianos, Krarup, Krehl, Kreissl-Dörfler, Krivine, Kronberger, Kuckelkorn, Kuhne, Lage, Lagendijk, Laguiller, Lalumière, Lamassoure, Lambert, Lang, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Liese, Linkohr, Lipietz, Lisi, Lombardo, Lucas, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Malliori, Malmström, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marini, Marinos, Markov, Marques, Marset Campos, Martens, David W. Martin, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Méndez de Vigo, Mendiluce Pereiro, Menéndez del Valle, Mennitti, Menrad, Messner, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Morgan, Morgantini, Morillon, Müller, Mulder, Murphy, Muscardini, Mussa, Musumeci, Myller, Naïr, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oreja Arburúa, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Pack, Paisley, Pannella, Papayannakis, Parish, Pasqua, Pastorelli, Patakis, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Pex, Piecyk, Piétrasanta, Pirker, Piscarreta, Pisicchio, Pittella, 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 e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, Rod, de Roo, Roth-Behrendt, Rothe, Rothley, Roure, Rovsing, Rübig, Rühle, Ruffolo, Rutelli, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santer, Santini, dos Santos, Sartori, Sauquillo Pérez del Arco, Savary, Sbarbati, Scallon, Scapagnini, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, 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, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Trentin, Tsatsos, Turchi, Turco, Turmes, Twinn, Uca, Vachetta, Väyrynen, Valdivielso de Cué, 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, Wiersma, von Wogau, Wuermeling, Wuori, Wurtz, Wyn, Wynn, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener, Zorba, Zrihen.

Observers

Bagó, Balsai, Bastys, Biela, Bielan, Bonnici, Chronowski, Zbigniew Chrzanowski, Cilevičs, Cybulski, Demetriou, Didžiokas, Drzęźla, Fazakas, Filipek, Ilves, Iwiński, Jakič, Kelemen, Kiršteins, Klich, Kłopotek, Klukowski, Kriščiūnas, Daniel Kroupa, Kuzmickas, Kvietkauskas, Lachnit, Laštůvka, Lepper, Libicki, Litwiniec, Lydeka, Łyżwiński, Maldeikis, Mallotová, Manninger, Matsakis, Őry, Alojz Peterle, Pieniążek, Plokšto, Podgórski, Pospíšil, Protasiewicz, Janno Reiljan, Rutkowski, Savi, Siekierski, Smorawiński, Surján, Szabó, Szájer, Szczygło, Tabajdi, Tomczak, Vaculík, Valys, Vastagh, Vella, Vėsaitė, Veteška, Wiśniowska, Wittbrodt, Zahradil, Żenkiewicz, Žiak.

---

ANNEX 1

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.   Request for the defence of Mr Gargani's parliamentary immunity and privileges

Report: MACCORMICK (A5-0421/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Request for the defence of Mr Dupuis' parliamentary immunity and privileges

Report: MACCORMICK (A5-0450/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Cohesion Fund ***

Recommendation: GARGANI (A5-0454/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Aid rates in the seeds sector for 2004/2005 *

Report: DAUL (A5-0416/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 515, 12, 23 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

515, 12, 23

Requests for roll-call votes:

PPE-DE: single vote

5.   Milk and milk products in the Azores *

Report: DAUL (A5-0415/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Set-aside 2004/2005 *

Report: DAUL (A5-0460/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   COM in raw tobacco *

Report: DAUL (A5-0462/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   EC-USA scientific and technical cooperation agreement *

Report: BERENGUER FUSTER (A5-0436/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   N1 vehicle carbon dioxide emissions and fuel consumption ***II

Recommendation for second reading: GOODWILL (A5-0432/2003)

| Subject | |
| --- | --- |
| approval without vote | declared approved |

Subject

approval without vote

declared approved

10.   Drug precursors ***II

Recommendation for second reading: PIRKER (A5-0430/2003)

| Subject | |
| --- | --- |
| approval without vote | declared approved |

Subject

approval without vote

declared approved

11.   ‘Culture 2000’ programme ***I

Report: ROCARD (A5-0417/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

12.   Statistics on trade in goods ***I

Report: LULLING (A5-0426/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   Convention: discharge 2002 ***

Recommendation: KUHNE (A5-0414/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   VAT implementing powers and derogations *

Report: BLOKLAND (A5-0427/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

15.   Taxation of parent companies and subsidiaries of different Member States *

Report: KARAS (A5-0472/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

16.   Controls on fishing in the Antarctic *

Report: STEVENSON (A5-0440/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

17.   Technical measures applicable to fishing activities in the Antarctic *

Report: STEVENSON (A5-0437/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

18.   Human tissues and cells ***II

Recommendation for second reading: LIESE (A5-0387/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | block 1 | committee | | + | |
| block 2 | PPE-DE, ELDR, UEN, Verts/ALE, GUE/NGL | | + | |
| block3 | committee | | ↓ | |
| art 15 and rec 11 | 38 | committee | RCV | - | 88, 446, 19 |
| 58 | PPE-DE, ELDR, UEN, GUE/NGL | RCV | + | 503, 42, 12 |
| remainder of text | block 4 | committee | | - | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

block 1

committee

+

block 2

PPE-DE, ELDR, UEN, Verts/ALE, GUE/NGL

+

block3

committee

↓

art 15 and rec 11

38

committee

RCV

-

88, 446, 19

58

PPE-DE, ELDR, UEN, GUE/NGL

RCV

+

503, 42, 12

remainder of text

block 4

committee

-

Block 1 = compromise ‘part A’ (amendments 4, 6, 12, 23, 25, 27, 37 and 45)

Block 2 = compromise ‘part B’ (amendments 57 and 59 to 77)

Block 3 = Environment Committee (amendments 1, 3, 10, 11, 13, 16, 22, 24, 26, 28, 29, 31, 33, 34, 36, 41, 43, 44, 46, 47, 48 and 52)

Block 4 = Environment Committee (amendments 2, 5, 7, 8, 9, 14, 15, 17, 18, 19, 20, 21, 30, 32, 35, 39, 40, 42, 49, 50, 51 and 53)

Other information

Verts/ALE had not signed am 58.

Requests for roll-call votes

Verts/ALE: am 58, 38

19.   Takeover bids ***I

Report: LEHNE (A5-0469/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-5
  7
  8
  10-26
  28-30 | committee | | + | |
| art 4, § 2, point (e) | 33 | GUE/NGL | | - | |
| art 6, after § 1 | 34 =
  36 =
  43 = | GUE/NGL
  PSE
  Verts/ALE | RCV | - | 260, 288, 3 |
| art 9, § 5 | 31 =
  37 =
  44 = | GUE/NGL
  PSE
  Verts/ALE | RCV | - | 268, 281, 2 |
| art 18 | 39 | PPE-DE + ELDR | RCV | + | 486, 58, 9 |
| 27 | committee | | ↓ | |
| recital 20 | 35 | PSE | | - | |
| 45 | Verts/ALE | RCV | - | 265, 290, 1 |
| 6 | committee | | + | |
| 32 | GUE/NGL | | - | |
| recital 26 | 38 | PPE-DE + ELDR | RCV | + | 358, 197, 1 |
| 9 | committee | | ↓ | |
| vote: amended proposal | RCV | + | 325, 221, 7 |
| vote: legislative resolution | RCV | + | 321, 219, 9 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-5

7

8

10-26

28-30

committee

+

art 4, § 2, point (e)

33

GUE/NGL

-

art 6, after § 1

34 =

36 =

43 =

GUE/NGL

PSE

Verts/ALE

RCV

-

260, 288, 3

art 9, § 5

31 =

37 =

44 =

GUE/NGL

PSE

Verts/ALE

RCV

-

268, 281, 2

art 18

39

PPE-DE + ELDR

RCV

+

486, 58, 9

27

committee

↓

recital 20

35

PSE

-

45

Verts/ALE

RCV

-

265, 290, 1

6

committee

+

32

GUE/NGL

-

recital 26

38

PPE-DE + ELDR

RCV

+

358, 197, 1

9

committee

↓

vote: amended proposal

RCV

+

325, 221, 7

vote: legislative resolution

RCV

+

321, 219, 9

Requests for roll-call votes

PPE-DE: ams 39, 38, amdended proposal and final vote

ELDR: final vote

Verts/ALE: ams 43, 44, 45

Other information

Ams 40, 41 and 42 had been withdrawn.

20.   VAT on postal services *

Report: OLLE SCHMIDT (A5-0467/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | 1-13 | ELDR + PPE-DE | EV | - | 253, 278, 12 |
| vote: proposal | | - | |
| vote: legislative resolution | | | referred back to committee (Rule 68) |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

1-13

ELDR + PPE-DE

EV

-

253, 278, 12

vote: proposal

-

vote: legislative resolution

referred back to committee (Rule 68)

21.   Market regulations and competition rules for the liberal professions

Motions for resolutions: B5-0430, 0431, 0432/2003

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0430/2003 (PPE-DE, PSE, ELDR) |
| § 3 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 4 | | original text | sep | + | |
| vote: resolution (as a whole) | RCV | + | 457, 60, 18 |
| motions for resolutions by political groups |
| B5-0430/2003 | | ELDR | | ↓ | |
| B5-0431/2003 | | PSE | | ↓ | |
| B5-0432/2003 | | PPE-DE | | ↓ | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0430/2003 (PPE-DE, PSE, ELDR)

§ 3

original text

split

1

+

2

+

§ 4

original text

sep

+

vote: resolution (as a whole)

RCV

+

457, 60, 18

motions for resolutions by political groups

B5-0430/2003

ELDR

↓

B5-0431/2003

PSE

↓

B5-0432/2003

PPE-DE

↓

Requests for split votes

ELDR

§ 3

1st part: up to ‘looked at separately’

2nd part: remainder

Requests for roll-call votes

PPE-DE: resolution (joint resolution)

Requests for separate vote

ELDR: § 4

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Daul report A5-0416/2003

Resolution

For: 515

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Calò, Clegg, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Lynne, Maaten, Malmström, Manders, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

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

Against: 12

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

PSE: Andersson, van den Berg, Corbey, van Hulten, Thorning-Schmidt, Wiersma

Abstention: 23

ELDR: Paulsen, Schmidt

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

PPE-DE: Callanan, Foster, Heaton-Harris, Helmer, Nicholson, Parish, Stockton, Sumberg, Tannock, Twinn, Van Orden

Liese recommendation A5-0387/2003

Amendment 38

For: 88

EDD: Abitbol, Belder, Blokland, van Dam

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

PPE-DE: Cornillet, De Mita, Deva, Dover, Evans Jonathan, Florenz, Heaton-Harris, Hermange, Karas, Kirkhope, Korhola, Marques, Pirker, Posselt, Rack, Rübig, Sacrédeus, Scallon, Schierhuber, Stenzel, Stockton, Twinn

PSE: Kuckelkorn, Martin Hans-Peter

UEN: Andrews, Angelilli, Berlato, Bigliardo, Caullery, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Musumeci, Nobilia, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Verts/ALE: Ahern, Auroi, Boumediene-Thiery, Breyer, Celli, Evans Jillian, Flautre, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lambert, Lannoye, Lipietz, McKenna, Mayol i Raynal, Nogueira Román, Onesta, Ortuondo Larrea, Piétrasanta, Rod, Schörling, Turmes, Wuori, Wyn

Against: 446

EDD: Mathieu

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

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

NI: Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Gorostiaga Atxalandabaso, Hager, Pannella, Sichrovsky, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cushnahan, Daul, Decourrière, Dell'Utri, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Helmer, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Salafranca Sánchez-Neyra, Santer, Santini, Scapagnini, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stevenson, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, 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, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, 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, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre, Pasqua

Verts/ALE: Aaltonen, Bouwman, Buitenweg, Lagendijk, MacCormick, Messner, de Roo, Schroedter, Sörensen, Staes, Voggenhuber

Abstention: 19

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

GUE/NGL: Alyssandrakis, Patakis

NI: Kronberger

PPE-DE: Bradbourn

PSE: Rocard

UEN: Collins

Verts/ALE: Dhaene, Echerer, Ferrández Lezaun, Lucas, Rühle

Liese recommendation A5-0387/2003

Amendment 58

For: 503

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

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Calò, Clegg, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

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

PPE-DE: Almeida Garrett, Andria, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bremmer, Brok, Brunetta, Callanan, Camisón Asensio, Cardoso, Cocilovo, Coelho, Cornillet, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Hansenne, Harbour, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stockton, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, 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, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Zorba, Zrihen

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

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

Against: 42

ELDR: André-Léonard

GUE/NGL: Bordes, Cauquil, Laguiller

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

PPE-DE: Arvidsson, Atkins, Balfe, Bushill-Matthews, Chichester, Cushnahan, Fiori, Foster, Grönfeldt Bergman, Hannan, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Matikainen-Kallström, Purvis, Stevenson, Sturdy, Van Orden, Villiers

PSE: Dehousse, Goebbels, Medina Ortega, Poos

Verts/ALE: Bouwman, Buitenweg, Lagendijk, MacCormick, de Roo, Sörensen, Staes

Abstention: 12

EDD: Booth, Farage, Titford

NI: Kronberger

PPE-DE: Bradbourn, Nicholson, Podestà

PSE: McNally, Wynn

Verts/ALE: Cohn-Bendit, Ferrández Lezaun, Frassoni

Lehne report A5-0469/2003

Amendments 34+36+43

For: 260

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

ELDR: Calò, Di Pietro, Procacci

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

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

PPE-DE: Bodrato, Cocilovo, Cushnahan, Sacrédeus

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, 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, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Against: 288

EDD: Abitbol, Booth, Farage, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Clegg, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Pohjamo, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Blak

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Daul, Decourrière, Dell'Utri, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, Schaffner, Schierhuber, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Verts/ALE: Breyer

Abstention: 3

PPE-DE: De Mita, Schleicher

PSE: Carraro

Lehne report A5-0469/2003

Amendments 31+37+44

For: 268

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

ELDR: Calò, Di Pietro, Procacci, Rutelli

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

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

PPE-DE: Bodrato, Cocilovo, Cushnahan, Marques, Menrad, Sacrédeus

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, 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, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Berlato

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

Against: 281

EDD: Booth, Farage, Titford

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

GUE/NGL: Blak

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, 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, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Abstention: 2

GUE/NGL: Korakas

NI: Garaud

Lehne report A5-0469/2003

Amendment 39

For: 486

EDD: Belder, Blokland, van Dam

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

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, 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, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, 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, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

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

Against: 58

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

ELDR: Procacci

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

NI: Gorostiaga Atxalandabaso

PPE-DE: Dimitrakopoulos, Hermange, Mennitti

Abstention: 9

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

Lehne report A5-0469/2003

Amendment 45

For: 265

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

ELDR: Calò, Di Pietro, Procacci

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

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

PPE-DE: Bodrato, Valdivielso de Cué

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, 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, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews

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

Against: 290

EDD: Booth, Farage, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Clegg, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Pohjamo, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Blak

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, 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, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Abstention: 1

EDD: Abitbol

Lehne report A5-0469/2003

Amendment 38

For: 358

EDD: Belder, Blokland, van Dam

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

NI: Beysen, Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Garaud, Gobbo, Hager, Kronberger, de La Perriere, Pannella, Sichrovsky, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Bullmann, van den Burg, Dehousse, Duin, Ettl, Färm, Gebhardt, Hedkvist Petersen, Karlsson, Keßler, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Martin Hans-Peter, Müller, Piecyk, Pittella, Sandberg-Fries, Sornosa Martínez, Theorin

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

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

Against: 197

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

ELDR: Procacci

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

NI: Berthu, Claeys, Dillen, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martinez, Souchet, Stirbois

PPE-DE: Suominen

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, El Khadraoui, Evans Robert J.E., Fava, Ford, Fruteau, Garot, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kinnock, Koukiadis, 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, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Abstention: 1

PSE: Rothley

Lehne report A5-0469/2003

Commission proposal

For: 325

EDD: Belder, Blokland, van Dam

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

GUE/NGL: Blak, Frahm

NI: Beysen, Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Garaud, Gobbo, Hager, Kronberger, Pannella, Sichrovsky, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, 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, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Corbett, Färm, Ford, Gill, Hedkvist Petersen, Honeyball, Howitt, Karlsson, Kinnock, Linkohr, McAvan, McCarthy, Mann Erika, Marinho, Martin David W., Miller, Moraes, Morgan, Murphy, O'Toole, Sandberg-Fries, Skinner, Stihler, Theorin, Watts, Whitehead, Wynn

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

Verts/ALE: Ahern, Breyer, Echerer, Ferrández Lezaun, MacCormick, Mayol i Raynal, Nogueira Román, Ortuondo Larrea, Rühle

Against: 221

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

ELDR: Procacci

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

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

PPE-DE: Inglewood, Sacrédeus

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gebhardt, Ghilardotti, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, McNally, Malliori, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller, Napoletano, Napolitano, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Simpson, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zorba, Zrihen

UEN: Camre

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

Abstention: 7

NI: Berthu, de La Perriere, Souchet

PPE-DE: Bodrato, Cocilovo

PSE: Rothley, Schulz

Lehne report A5-0469/2003

Resolution

For: 321

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Clegg, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Pohjamo, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Blak, Frahm

NI: Beysen, Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Garaud, Gobbo, Hager, Kronberger, Pannella, Sichrovsky, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, 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, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Corbett, Färm, Ford, Gill, Hedkvist Petersen, Honeyball, Howitt, Karlsson, Kinnock, Linkohr, McAvan, McCarthy, Mann Erika, Martin David W., Miller, Moraes, Murphy, O'Toole, Sandberg-Fries, Skinner, Stihler, Theorin, Thorning-Schmidt, Watts, Whitehead, Wynn

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

Verts/ALE: Breyer, Echerer, MacCormick, Mayol i Raynal, Nogueira Román, Ortuondo Larrea, Rühle

Against: 219

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

ELDR: Calò, Di Pietro, Procacci

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

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

PPE-DE: Sacrédeus

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Corbey, Darras, Dehousse, De Keyser, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Fava, Fruteau, Garot, Gebhardt, Ghilardotti, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hughes, van Hulten, Hume, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, McNally, Malliori, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller, Napoletano, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Simpson, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Torres Marques, Tsatsos, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Weiler, Wiersma, Zorba, Zrihen

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

Abstention: 9

NI: Berthu, de La Perriere, Souchet

PPE-DE: Bodrato

PSE: Martin Hans-Peter, Morgan, Rothley, Schulz

UEN: Camre

RC — B5-0430/2003 — Market regulation and competition rules for the liberal professions

Resolution

For: 457

EDD: Belder, Blokland, van Dam

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

NI: Beysen, Borghezio, Garaud, Gobbo, Speroni

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, 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, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Scallon, Scapagnini, 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, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Ceyhun, Corbett, Corbey, Darras, De Rossa, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, 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, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Celli, Cohn-Bendit, Dhaene, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Mayol i Raynal, Messner, Nogueira Román, Onesta, Ortuondo Larrea, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Wuori, Wyn

Against: 60

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

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

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

PPE-DE: Podestà

PSE: De Keyser

Abstention: 18

NI: Berthu, Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, de La Perriere, Pannella, Souchet, Turco, Varaut

PSE: Dehousse, Zrihen

UEN: Camre, Caullery, Pasqua, Thomas-Mauro

Verts/ALE: Rod

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TEXTS ADOPTED

P5_TA(2003)0553

Request for the defence of Mr Gargani's parliamentary immunity and privileges

European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Giuseppe Gargani (2003/2182(IMM))

The European Parliament,

| — | having regard to a request for defence of his immunity in connection with legal proceedings pending before Investigating Judge Rosa at the Court of Milan, Section I, submitted by Giuseppe Gargani and announced in plenary sitting on 25 September 2003, |
| --- | --- |

—

having regard to a request for defence of his immunity in connection with legal proceedings pending before Investigating Judge Rosa at the Court of Milan, Section I, submitted by Giuseppe Gargani and announced in plenary sitting on 25 September 2003,

| — | having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage of 20 September 1976, |
| --- | --- |

—

having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage of 20 September 1976,

| — | having regard to the judgements of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 (1), |
| --- | --- |

—

having regard to the judgements of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 (1),

| — | having regard to Rules 6 and 6a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6 and 6a of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0421/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0421/2003),

| A. | whereas Giuseppe Gargani was elected to the European Parliament in the fifth elections held from 10 to 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (2), |
| --- | --- |

A.

whereas Giuseppe Gargani was elected to the European Parliament in the fifth elections held from 10 to 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (2),

| B. | whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties (3), |
| --- | --- |

B.

whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties (3),

| C. | whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings, |
| --- | --- |

C.

whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings,

| D. | whereas Members of the European Parliament have a responsibility to participate in political affairs within their own constituency, and accordingly when they publish articles in journals and newspapers on controversial topics they are properly deemed to be engaged in the performance of their duties as MEPs, |
| --- | --- |

D.

whereas Members of the European Parliament have a responsibility to participate in political affairs within their own constituency, and accordingly when they publish articles in journals and newspapers on controversial topics they are properly deemed to be engaged in the performance of their duties as MEPs,

| 1. | Decides to defend the immunity and privileges of Giuseppe Gargani; |
| --- | --- |

1.

Decides to defend the immunity and privileges of Giuseppe Gargani;

| 2. | Proposes, on the grounds of Article 9 of the aforementioned protocol and with due respect to the procedures in the Member State concerned, to hold that in the case in question proceedings may not be pursued and invites the Court to draw the necessary conclusions; |
| --- | --- |

2.

Proposes, on the grounds of Article 9 of the aforementioned protocol and with due respect to the procedures in the Member State concerned, to hold that in the case in question proceedings may not be pursued and invites the Court to draw the necessary conclusions;

| 3. | Instructs its President immediately to forward this decision and the report of its committee to Section I of the Court of Milan. |
| --- | --- |

3.

Instructs its President immediately to forward this decision and the report of its committee to Section I of the Court of Milan.

---

(1)  See Case 101/63: Wagner v Fohrmann and Krier [1964] ECR English special edition, 195 and Case 149/85: Wybot v Faure [1986] ECR 2391.

(2)  European Parliament Decision on the verification of credentials of Members following the fifth direct elections to the European Parliament on 10 to 13 June 1999, (OJ C 296, 18.10.2000, p. 93).

(3)  Article 9 of the Protocol on the Privileges and Immunities of the European Communities.

P5_TA(2003)0554

Request for the defence of Mr Dupuis' parliamentary immunity and privileges

European Parliament decision on the request for defence of parliamentary immunity and privileges made by Olivier Dupuis (2003/2059(IMM))

The European Parliament,

| — | having regard to a request for defence of his immunity in connection with criminal proceedings pending before an Italian court submitted by Olivier Dupuis on 7 March 2003 and announced in plenary sitting on 26 March 2003, |
| --- | --- |

—

having regard to a request for defence of his immunity in connection with criminal proceedings pending before an Italian court submitted by Olivier Dupuis on 7 March 2003 and announced in plenary sitting on 26 March 2003,

| — | having regard to Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act of 20 September 1976 concerning the Election of Representatives to the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act of 20 September 1976 concerning the Election of Representatives to the European Parliament by direct universal suffrage,

| — | having regard to the judgements of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 (1), |
| --- | --- |

—

having regard to the judgements of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 (1),

| — | having regard to Rules 6 and 6a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6 and 6a of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0450/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0450/2003),

| A. | whereas Article 10(a) of the Protocol confers on Members of the European Parliament in their own state immunity from legal proceedings equivalent to that of a Member of the Parliament of that state, |
| --- | --- |

A.

whereas Article 10(a) of the Protocol confers on Members of the European Parliament in their own state immunity from legal proceedings equivalent to that of a Member of the Parliament of that state,

| B. | whereas Olivier Dupuis was elected as a Member of Parliament from Italy, notwithstanding that he is a Belgian citizen, |
| --- | --- |

B.

whereas Olivier Dupuis was elected as a Member of Parliament from Italy, notwithstanding that he is a Belgian citizen,

| C. | whereas Olivier Dupuis has been subjected to legal proceedings in Italy, in connection with public actions concerning the use of prohibited drugs, |
| --- | --- |

C.

whereas Olivier Dupuis has been subjected to legal proceedings in Italy, in connection with public actions concerning the use of prohibited drugs,

| D. | whereas such actions were clearly a part of his political activity carried on in good faith and involving collective acts of symbolic law-breaking, |
| --- | --- |

D.

whereas such actions were clearly a part of his political activity carried on in good faith and involving collective acts of symbolic law-breaking,

| E. | whereas, however, it appears that Members of the Italian Parliament do not enjoy parliamentary immunity in respect of legal proceedings in such circumstances, |
| --- | --- |

E.

whereas, however, it appears that Members of the Italian Parliament do not enjoy parliamentary immunity in respect of legal proceedings in such circumstances,

| F. | whereas on the evidence provided, Mr Dupuis is not protected by parliamentary immunity in respect of the legal proceedings which have been drawn to the attention of the President of the European Parliament, |
| --- | --- |

F.

whereas on the evidence provided, Mr Dupuis is not protected by parliamentary immunity in respect of the legal proceedings which have been drawn to the attention of the President of the European Parliament,

| 1. | Decides that it would not be appropriate to take any action to raise questions concerning Mr Dupuis' political activity with the Italian authorities. |
| --- | --- |

1.

Decides that it would not be appropriate to take any action to raise questions concerning Mr Dupuis' political activity with the Italian authorities.

---

(1)  Case 101/63: Wagner v Fohrmann and Krier [1964] ECR English special edition, 195 and Case 149/85: Wybot v Faure [1986] ECR 2391.

P5_TA(2003)0555

Cohesion Fund ***

European Parliament legislative resolution on the proposal for a Council regulation establishing a Cohesion Fund (codified version) (COM(2003) 352 — C5-0291/2003 — 2003/0129(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council regulation (COM(2003) 352) (1), |
| --- | --- |

—

having regard to the proposal for a Council regulation (COM(2003) 352) (1),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 161 of the EC Treaty (C5-0291/2003), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 161 of the EC Treaty (C5-0291/2003),

| — | having regard to Rule 86(1) and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 86(1) and 158(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Legal Affairs and the Internal Market (A5-0454/2003), |
| --- | --- |

—

having regard to the recommendation of the Committee on Legal Affairs and the Internal Market (A5-0454/2003),

| 1. | Gives its assent to proposal for a Council regulation; |
| --- | --- |

1.

Gives its assent to proposal for a Council regulation;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0556

Aid rates in the seeds sector for 2004/2005 *

European Parliament legislative resolution on the proposal for a Council regulation setting aid rates in the seeds sector for the 2004/05 marketing year (COM(2003) 552 — C5-0459/2003 — 2003/0212(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 552) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 552) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0459/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0459/2003),

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

—

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

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0416/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0416/2003),

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

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

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

| 4. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0557

Milk and milk products sector in the Azores *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1453/2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (POSEIMA) with respect to the application of the supplementary levy in the milk and milk products sector in the Azores (COM(2003) 617 — C5-0500/2003 — 2003/0244(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 617) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 617) (1),

| — | having regard to Article 299(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0500/2003), |
| --- | --- |

—

having regard to Article 299(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0500/2003),

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

—

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

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0415/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0415/2003),

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

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

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

| 4. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0558

Set-aside 2004/2005 *

European Parliament legislative resolution on the proposal for a Council regulation derogating from Regulation (EC) No 1251/1999 as regards the set-aside requirement for the 2004/2005 marketing year (COM(2003) 691 — C5-0559/2003 — 2003/0271(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 691) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 691) (1),

| — | having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0559/2003), |
| --- | --- |

—

having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0559/2003),

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

—

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

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0460/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0460/2003),

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

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

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

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0559

COM in raw tobacco *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 2075/92 on the common organisation of the market in raw tobacco (COM(2003) 633 — C5-0517/2003 — 2003/0251(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 633) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 633) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0517/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0517/2003),

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

—

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

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0462/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0462/2003),

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

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

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

| 4. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0560

EC-USA scientific and technical cooperation agreement *

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of an Agreement aimed at renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (COM(2003) 569 — C5-0503/2003 — 2003/0223(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 569) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 569) (1),

| — | having regard to Articles 170 and 300(2), first subparagraph of the EC Treaty, |
| --- | --- |

—

having regard to Articles 170 and 300(2), first subparagraph of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0503/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0503/2003),

| — | having regard to Rules 67, 97(7) and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 97(7) and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0436/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0436/2003),

| 1. | Approves conclusion of the agreement; |
| --- | --- |

1.

Approves conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the United States of America. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0561

N1 vehicle carbon dioxide emissions and fuel consumptions ***II

European Parliament legislative resolution on the Council common position adopting a European Parliament and Council directive on amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles (5997/1/2003 — C5-0491/2003 — 2001/0255(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (5997/1/2003 — C5-0491/2003) (1), |
| --- | --- |

—

having regard to the Council common position (5997/1/2003 — C5-0491/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 543) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 543) (3),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 78 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0432/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0432/2003),

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Not yet published in OJ.

(2)  OJ C 273 E, 14.11.2003, p. 74.

(3)  OJ C 51, 26.2.2002, p. 317.

P5_TA(2003)0562

Drug precursors ***II

European Parliament legislative resolution on the Council common position adopting a European Parliament and Council regulation on drug precursors (9732/1/2003 — C5-0462/2003 — 2002/0217(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9732/1/2003 — C5-0462/2003) (1), |
| --- | --- |

—

having regard to the Council common position (9732/1/2003 — C5-0462/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 494) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 494) (3),

| — | having regard to the amended proposal (COM(2003) 304) (4), |
| --- | --- |

—

having regard to the amended proposal (COM(2003) 304) (4),

| — | having regard toArticle 251(2) of the EC Treaty, |
| --- | --- |

—

having regard toArticle 251(2) of the EC Treaty,

| — | having regard to Rule 78 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0430/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0430/2003),

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  OJ C 277 E, 18.11.2003, p. 31.

(2)  Texts Adopted, 11.3.2003, P5_TA(2003)0069.

(3)  OJ C 20 E, 28.1.2003, p. 160.

(4)  Not yet published in OJ.

P5_TA(2003)0563

‘Culture 2000’ programme ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council decision amending Decision No 508/2000/EC of 14 February 2000 establishing the ’Culture 2000’ programme (COM(2003) 187 — C5-0178/2003 — 2003/0076(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 187) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 187) (1),

| — | having regard to Articles 251(2) and 151 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0178/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 151 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0178/2003),

| — | 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 Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Budgets (A5-0417/2003), |
| --- | --- |

—

having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Budgets (A5-0417/2003),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement of the Commission proposal 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 refer the matter to Parliament again if it intends to amend its 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 its proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0076

Position of the European Parliament adopted at first reading on 16 December 2003 with a view to the adoption of Decision No .../2004/EC of the European Parliament and of the Council amending Decision No 508/2000/EC establishing the ‘Culture 2000’ programme

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 151 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Committee of the Regions,

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

Whereas:

| (1) | Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the ‘Culture 2000’ programme (3) set up a single financing and programming instrument for cultural cooperation for a period running from 1 January 2000 to 31 December 2004. |
| --- | --- |

(1)

Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the ‘Culture 2000’ programme (3) set up a single financing and programming instrument for cultural cooperation for a period running from 1 January 2000 to 31 December 2004.

| (2) | It is important to ensure the continuity of Community cultural action in implementation of the Community's responsibilities under Article 151 of the Treaty. |
| --- | --- |

(2)

It is important to ensure the continuity of Community cultural action in implementation of the Community's responsibilities under Article 151 of the Treaty.

| (3) | The Culture 2000 programme should therefore be extended for two years, to 2006. |
| --- | --- |

(3)

The Culture 2000 programme should therefore be extended for two years, to 2006.

| (4) | The revision of the financial perspective in view of enlargement provides for an increased ceiling for heading 3 which must be respected by the legislative authority when extending existing programmes. |
| --- | --- |

(4)

The revision of the financial perspective in view of enlargement provides for an increased ceiling for heading 3 which must be respected by the legislative authority when extending existing programmes.

| (5) | It is essential that the Commission provide a full and detailed assessment report on the ‘Culture 2000’ Programme by 31 December 2005, so as to enable the European Parliament and the Council to consider the proposal for a new framework programme for Community action on culture, announced for 2004 and planned to enter into force in 2007, |
| --- | --- |

(5)

It is essential that the Commission provide a full and detailed assessment report on the ‘Culture 2000’ Programme by 31 December 2005, so as to enable the European Parliament and the Council to consider the proposal for a new framework programme for Community action on culture, announced for 2004 and planned to enter into force in 2007,

HAVE DECIDED AS FOLLOWS:

Article 1

Decision No 508/2000/EC is hereby amended as follows:

| (1) | In Article 1, first paragraph, the date of 31 December 2004 is replaced by 31 December 2006. |
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(1)

In Article 1, first paragraph, the date of 31 December 2004 is replaced by 31 December 2006.

| (2) | In Article 3, first paragraph, the amount of EUR 167 million is replaced by EUR 236,5 million. |
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(2)

In Article 3, first paragraph, the amount of EUR 167 million is replaced by EUR 236,5 million.

Article 2

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

It shall apply from 1 January 2005.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ..., ..., p. ...

1

(2)  Position of the European Parliament of 16 December 2003.

2

Position of the European Parliament of 16 December 2003.

(3)  OJ L 63, 10.3.2000, p. 1.

3

P5_TA(2003)0564

Statistics on trade in goods ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the statistics relating to the trading of goods between Member States (COM(2003) 364 — C5-0285/2003 — 2003/0126(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 364) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 364) (1),

| — | having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0285/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0285/2003),

| — | 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 Economic and Monetary Affairs (A5-0426/2003), |
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—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0426/2003),

| 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; |
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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)0126

Position of the European Parliament adopted at first reading on 16 December 2003 with a view to the adoption of Regulation (EC) No .../2004 of the European Parliament and of the Council on the statistics relating to the trading of goods between Member States

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the proposal from the Commission (1),

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

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

Whereas:

| (1) | Council Regulation (EEC) No 3330/91 of 7 November 1991 on the statistics relating to the trading of goods between Member States (3) introduced a completely new system of data collection, which has been simplified on two occasions. In order to improve the transparency of this system and to facilitate comprehension, Regulation (EEC) No 3330/91 should be replaced by this Regulation. |
| --- | --- |

(1)

Council Regulation (EEC) No 3330/91 of 7 November 1991 on the statistics relating to the trading of goods between Member States (3) introduced a completely new system of data collection, which has been simplified on two occasions. In order to improve the transparency of this system and to facilitate comprehension, Regulation (EEC) No 3330/91 should be replaced by this Regulation.

| (2) | This system should be retained, as a sufficiently detailed level of statistical information is still required for the Community policies involved in the development of the internal market and for European enterprises to analyse their specific markets. Aggregated data also need to be available quickly in order to analyse the development of economic and monetary union. Member States should have the possibility of collecting information which meets their specific needs. |
| --- | --- |

(2)

This system should be retained, as a sufficiently detailed level of statistical information is still required for the Community policies involved in the development of the internal market and for European enterprises to analyse their specific markets. Aggregated data also need to be available quickly in order to analyse the development of economic and monetary union. Member States should have the possibility of collecting information which meets their specific needs.

| (3) | There is, however, a need to improve the wording of the rules on compiling statistics relating to the trading of goods between Member States so that they can be more easily understood by the companies responsible for providing the data, the national services collecting the data and users. |
| --- | --- |

(3)

There is, however, a need to improve the wording of the rules on compiling statistics relating to the trading of goods between Member States so that they can be more easily understood by the companies responsible for providing the data, the national services collecting the data and users.

| (4) | A system of thresholds should be retained, but in a simplified form, in order to provide a satisfactory response to users' needs whilst reducing the burden of response on the parties responsible for providing statistical information, particularly small and medium-sized enterprises. |
| --- | --- |

(4)

A system of thresholds should be retained, but in a simplified form, in order to provide a satisfactory response to users' needs whilst reducing the burden of response on the parties responsible for providing statistical information, particularly small and medium-sized enterprises.

| (5) | A close link should be maintained between the system for collecting statistical information and the fiscal formalities which exist in the context of trade of goods between Member States. This link makes it possible, in particular, to check the quality of the information collected. |
| --- | --- |

(5)

A close link should be maintained between the system for collecting statistical information and the fiscal formalities which exist in the context of trade of goods between Member States. This link makes it possible, in particular, to check the quality of the information collected.

| (6) | The quality of the statistical information produced, its evaluation by means of common indicators and transparency in this field are important objectives which call for regulation at Community level. |
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(6)

The quality of the statistical information produced, its evaluation by means of common indicators and transparency in this field are important objectives which call for regulation at Community level.

| (7) | Since the objectives of the planned action, namely the creation of a common legal framework for the systematic production of Community statistics on exchange of goods between Member States, cannot be sufficiently achieved at national level and can 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 required to achieve those objectives. |
| --- | --- |

(7)

Since the objectives of the planned action, namely the creation of a common legal framework for the systematic production of Community statistics on exchange of goods between Member States, cannot be sufficiently achieved at national level and can 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 required to achieve those objectives.

| (8) | Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (4) provides a reference framework for the provisions of this Regulation. However, the very detailed level of information in the field of statistics relating to the trading of goods requires specific rules with regard to confidentiality. |
| --- | --- |

(8)

Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics (4) provides a reference framework for the provisions of this Regulation. However, the very detailed level of information in the field of statistics relating to the trading of goods requires specific rules with regard to confidentiality.

| (9) | It is important to ensure the uniform application of this Regulation and, in order to do so, to make provision for a Community procedure to help determine the implementing arrangements within an appropriate timescale and to make the necessary technical adaptations. |
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(9)

It is important to ensure the uniform application of this Regulation and, in order to do so, to make provision for a Community procedure to help determine the implementing arrangements within an appropriate timescale and to make the necessary technical adaptations.

| (10) | The measures necessary for 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 (5), |
| --- | --- |

(10)

The measures necessary for 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 (5),

HAVE ADOPTED THIS REGULATION:

Article 1

Subject-matter

This Regulation establishes a common framework for the systematic production of Community statistics on the trading of goods between Member States.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

| (a) | ‘goods’: all movable property, including electric current; |
| --- | --- |

(a)

‘goods’: all movable property, including electric current;

| (b) | ‘specific goods or movements’: goods or movements which, by their very nature, call for specific provisions, and in particular industrial plant; vessels and aircraft; sea products; goods delivered to vessels and aircraft; staggered consignments; military goods; goods to or from offshore installations; spacecraft; motor vehicle and aircraft parts; and waste products; |
| --- | --- |

(b)

‘specific goods or movements’: goods or movements which, by their very nature, call for specific provisions, and in particular industrial plant; vessels and aircraft; sea products; goods delivered to vessels and aircraft; staggered consignments; military goods; goods to or from offshore installations; spacecraft; motor vehicle and aircraft parts; and waste products;

| (c) | ‘national authorities’: national statistical institutes and other bodies responsible in each Member State for producing Community statistics on trading of goods between Member States; |
| --- | --- |

(c)

‘national authorities’: national statistical institutes and other bodies responsible in each Member State for producing Community statistics on trading of goods between Member States;

| (d) | ‘Community goods’:






  i) | goods entirely obtained in the customs territory of the Community, without addition of goods from non-member countries or territories which are not part of the customs territory of the Community, |
| --- | --- | --- |

(d)

‘Community goods’:

i)

goods entirely obtained in the customs territory of the Community, without addition of goods from non-member countries or territories which are not part of the customs territory of the Community,

| ii) | goods from countries or territories not forming part of the customs territory of the Community which have been released for free circulation in a Member State, |
| --- | --- |

ii)

goods from countries or territories not forming part of the customs territory of the Community which have been released for free circulation in a Member State,

| iii) | goods obtained in the customs territory of the Community either from the goods referred to exclusively in point (ii) or from the goods referred to in points (i) and (ii); |
| --- | --- |

iii)

goods obtained in the customs territory of the Community either from the goods referred to exclusively in point (ii) or from the goods referred to in points (i) and (ii);

| (e) | ‘Member State of dispatch’: the Member State as defined by its statistical territory from which goods are dispatched to a destination in another Member State; |
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(e)

‘Member State of dispatch’: the Member State as defined by its statistical territory from which goods are dispatched to a destination in another Member State;

| (f) | ‘Member State of arrival’: the Member State as defined by its statistical territory in which goods arrive from another Member State; |
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(f)

‘Member State of arrival’: the Member State as defined by its statistical territory in which goods arrive from another Member State;

| (g) | ‘goods in ordinary circulation between Member States’: Community goods dispatched from one Member State to another, which on the way to the Member State of destination travel directly through another Member State or stop for reasons related only to the transport of the goods. |
| --- | --- |

(g)

‘goods in ordinary circulation between Member States’: Community goods dispatched from one Member State to another, which on the way to the Member State of destination travel directly through another Member State or stop for reasons related only to the transport of the goods.

Article 3

Scope

1.   Statistics on trade between Member States shall cover dispatches and arrivals of goods.

2.   Dispatches shall cover the following goods leaving the Member State of dispatch for a destination in another Member State:

| (a) | Community goods, except goods which are in ordinary circulation between Member States; |
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(a)

Community goods, except goods which are in ordinary circulation between Member States;

| (b) | goods placed in the Member State of dispatch under the inward processing customs procedure or the processing under customs control procedure. |
| --- | --- |

(b)

goods placed in the Member State of dispatch under the inward processing customs procedure or the processing under customs control procedure.

3.   Arrivals shall cover the following goods entering the Member State of arrival which were initially dispatched from another Member State:

| (a) | Community goods, except goods which are in ordinary circulation between Member States; |
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(a)

Community goods, except goods which are in ordinary circulation between Member States;

| (b) | goods formerly placed in the Member State of dispatch under the inward processing customs procedure or the processing under customs control procedure which are maintained under the inward processing customs procedure or the processing under customs control procedure or released for free circulation in the Member State of arrival. |
| --- | --- |

(b)

goods formerly placed in the Member State of dispatch under the inward processing customs procedure or the processing under customs control procedure which are maintained under the inward processing customs procedure or the processing under customs control procedure or released for free circulation in the Member State of arrival.

4.   Different or particular rules, to be determined by the Commission in accordance with the procedure referred to in Article 14(2) may apply to specific goods or movements.

5.   Some goods, a list of which shall be drawn up by the Commission in accordance with the procedure referred to in Article 14(2), shall be excluded from the statistics
  for methodological reasons
  .

Article 4

Statistical territory

1.   The statistical territory of the Member States shall correspond to their customs territory as defined in Article 3 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code
   (6).

2.   By way of derogation from paragraph 1, the statistical territory of Germany shall include Heligoland.

Article 5

Data sources

1.   A specific data collection system, hereafter referred to as the ‘Intrastat’ system, shall apply for the provision of the statistical information on dispatches and arrivals of Community goods which are not the subject of a Single Administrative Document for customs or fiscal purposes.

2.   The statistical information on dispatches and arrivals of other goods shall be provided directly by Customs to the national authorities, at least once a month.

3.   For specific goods or movements, sources of information other than the Intrastat system or Customs declarations may be used.

4.   Each Member State shall organise the way Intrastat data is delivered by the parties responsible for providing information. To facilitate the task of these parties, the conditions for increased use of automatic data processing and electronic data transmission shall be promoted by the Commission (Eurostat) and the Member States.

Article 6

Reference period

The reference period for the information to be provided according to Article 5 shall be the calendar month of dispatch or arrival of the goods.

The reference period may be adapted to take into account the linkage with value added tax (VAT) and Customs obligations pursuant to provisions adopted by the Commission in accordance with the procedure referred to in Article 14(2).

Article 7

Parties responsible for providing information within the Intrastat system

1.   The parties responsible for providing the information for the Intrastat system shall be:

| a) | the natural or legal person registered for VAT in the Member State of dispatch who:






  i) | has concluded the contract, with the exception of transport contracts, giving rise to the dispatch of goods or, failing this, |
| --- | --- | --- |

a)

the natural or legal person registered for VAT in the Member State of dispatch who:

i)

has concluded the contract, with the exception of transport contracts, giving rise to the dispatch of goods or, failing this,

| ii) | dispatches or provides for the dispatch of the goods or, failing this, |
| --- | --- |

ii)

dispatches or provides for the dispatch of the goods or, failing this,

| iii) | is in possession of the goods which are the subject of the dispatch; |
| --- | --- |

iii)

is in possession of the goods which are the subject of the dispatch;

| b) | the natural or legal person registered for VAT in the Member State of arrival who:






  i) | has concluded the contract, with the exception of transport contracts, giving rise to the delivery of goods or, failing this, |
| --- | --- | --- |

b)

the natural or legal person registered for VAT in the Member State of arrival who:

i)

has concluded the contract, with the exception of transport contracts, giving rise to the delivery of goods or, failing this,

| ii) | takes delivery or provides for delivery of the goods or, failing this, |
| --- | --- |

ii)

takes delivery or provides for delivery of the goods or, failing this,

| iii) | is in possession of the goods which are the subject of the delivery. |
| --- | --- |

iii)

is in possession of the goods which are the subject of the delivery.

2.   The party responsible for providing information may transfer the task to a third party, but such transfer shall in no way reduce the responsibility of the said party.

3.   Failure by any party responsible for providing information to fulfil his obligations under this Regulation shall render him liable to the penalties which the Member States shall lay down.

Article 8

Registers

1.   National authorities shall set up and manage a register of intra-Community operators containing at least the consignors, upon dispatch, and the consignees, upon arrival.

2.   In order to identify the providers of information referred to in Article 7 and to check the information which is provided, the tax administration responsible in each Member State shall furnish the national authority:

| a) | at least once a month, with the lists of natural or legal persons who have declared that, during the period in question, they have supplied goods to other Member States or acquired goods from other Member States. The lists shall show the total values of the goods declared by each natural or legal person for fiscal purposes; |
| --- | --- |

a)

at least once a month, with the lists of natural or legal persons who have declared that, during the period in question, they have supplied goods to other Member States or acquired goods from other Member States. The lists shall show the total values of the goods declared by each natural or legal person for fiscal purposes;

| b) | on its own initiative or at the request of the national authority, with any information provided to comply with tax requirements which could improve the quality of statistics. |
| --- | --- |

b)

on its own initiative or at the request of the national authority, with any information provided to comply with tax requirements which could improve the quality of statistics.

The arrangements for the communication of the information shall be determined by the Commission in accordance with the procedure referred to in Article 14(2).

This information shall be treated by the national authority in accordance with the rules applied to it by the tax administration.

3.   The tax administration shall bring to the attention of VAT-registered traders the obligations which they may incur as parties responsible for providing the information required by Intrastat.

Article 9

Intrastat information to be collected

1.   The following information shall be collected by the national authorities:

| a) | the identification number allocated to the party responsible for providing information in accordance with Article 22(1)(c) of Council Directive 77/388/EEC (7)
  , in the version given in Article 28h thereof; |
| --- | --- |

a)

the identification number allocated to the party responsible for providing information in accordance with Article 22(1)(c) of Council Directive 77/388/EEC (7)
  , in the version given in Article 28h thereof;

| b) | the reference period; |
| --- | --- |

b)

the reference period;

| c) | the flow (arrival, dispatch); |
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c)

the flow (arrival, dispatch);

| d) | the commodity, identified by the eight-digit code of the Combined Nomenclature as defined in Council Regulation (EEC) No 2658/87 (8); |
| --- | --- |

d)

the commodity, identified by the eight-digit code of the Combined Nomenclature as defined in Council Regulation (EEC) No 2658/87 (8);

| e) | the partner Member State; |
| --- | --- |

e)

the partner Member State;

| f) | the value of the goods; |
| --- | --- |

f)

the value of the goods;

| g) | the quantity of the goods; |
| --- | --- |

g)

the quantity of the goods;

| h) | the nature of the transaction. |
| --- | --- |

h)

the nature of the transaction.

Definitions of the data referred to in points (e) to (h) of the first subparagraph are given in the Annex. Where necessary, the arrangements for the collection of this information, particularly the codes to be employed, shall be determined by the Commission in accordance with the procedure referred to in Article 14(2).

2.   Member States may also collect additional information, for example:

| a) | the identification of the goods, according to a more detailed level than the Combined Nomenclature; |
| --- | --- |

a)

the identification of the goods, according to a more detailed level than the Combined Nomenclature;

| b) | the country of origin, on arrival; |
| --- | --- |

b)

the country of origin, on arrival;

| c) | the region of origin, on dispatch, and the region of destination, on arrival; |
| --- | --- |

c)

the region of origin, on dispatch, and the region of destination, on arrival;

| d) | the delivery terms; |
| --- | --- |

d)

the delivery terms;

| e) | the mode of transport; |
| --- | --- |

e)

the mode of transport;

| f) | the statistical procedure. |
| --- | --- |

f)

the statistical procedure.

Definitions of the data referred to in points (b) to (f) of the first subparagraph are given in the Annex. Where necessary, the arrangements for the collection of this information, particularly the codes to be employed, shall be determined by the Commission in accordance with the procedure referred to in Article 14(2).

Article 10

Simplification within the Intrastat system

1.   ‘In order to satisfy users’ needs for statistical information without imposing excessive burdens on economic operators, Member States shall set up each year thresholds expressed in annual values of intra-Community trade below which parties are exempted from providing any Intrastat information or have to provide simplified information.

2.   The thresholds shall be set up by each Member State, separately for arrivals and dispatches.

3.   For defining thresholds below which parties are exempted from providing any Intrastat information, Member States shall ensure that information referred to in Article 9(1), first subparagraph, points (a) to (f), made available by the information providers, is such that at least
  97 %
  of the relevant Member State's total trade expressed in value is covered.

4.   Member States may define other thresholds below which parties may benefit from the following simplification:

| a) | exemption from providing the quantity of the goods; |
| --- | --- |

a)

exemption from providing the quantity of the goods;

| b) | exemption from providing the nature of the transaction; |
| --- | --- |

b)

exemption from providing the nature of the transaction;

| c) | possibility of reporting a maximum of ten of the detailed relevant subheadings of the Combined Nomenclature, that are the most used in term of value, and regroup the other products according to rules determined by the Commission in accordance with the procedure referred to in Article 14(2). |
| --- | --- |

c)

possibility of reporting a maximum of ten of the detailed relevant subheadings of the Combined Nomenclature, that are the most used in term of value, and regroup the other products according to rules determined by the Commission in accordance with the procedure referred to in Article 14(2).

Every Member State applying these thresholds shall ensure that the trade of these parties shall amount to a maximum of 6 % of its total trade.

5.   Member States may, under certain conditions
  which meet quality requirements and which are
  defined by the Commission in accordance with the procedure referred to in Article 14(2), simplify the information to be provided for small individual transactions.

6.   The information on the thresholds applied by the Member States shall be sent to the Commission (Eurostat) no later than 31 October of the year preceding the year to which they apply.

Article 11

Confidentiality

Where the provider of statistical information so requests
  ,
  the national authorities
  shall decide whether
  statistical results which make it possible indirectly to identify the said provider shall not be disseminated or shall be amended in such a way that their dissemination shall not prejudice statistical confidentiality.

Article 12

Transmission of data to the Commission

1.   Member States shall transmit to the Commission (Eurostat) the monthly results of their statistics on trade between Member States no later than:

| a) | 40 calendar days after the end of the reference month in the case of aggregated results to be defined by the Commission
  in accordance with the procedure referred to in Article 14(2)
  ; |
| --- | --- |

a)

40 calendar days after the end of the reference month in the case of aggregated results to be defined by the Commission
  in accordance with the procedure referred to in Article 14(2)
  ;

| b) | 70 calendar days after the end of the reference month in the case of detailed results including the information referred to in Article 9(1), first subparagraph, points (b) to (h). |
| --- | --- |

b)

70 calendar days after the end of the reference month in the case of detailed results including the information referred to in Article 9(1), first subparagraph, points (b) to (h).

As regards the value of the goods, the results shall include the statistical value only, as defined in the Annex.

Member States shall transmit to the Commission (Eurostat) the data which are confidential.

2.   Member States shall provide the Commission (Eurostat) with monthly results which cover their total trade in goods by using estimates, where necessary.

3.   Member States shall transmit the data to the Commission (Eurostat) in electronic form, in accordance with an interchange standard.

The practical arrangements for the transmission of data to the Commission shall be determined by the Commission in accordance with the procedure referred to in Article 14(2).

Article 13

Quality

1.   Member States shall take all measures necessary to ensure the quality of the data transmitted according to the quality indicators and standards in force.

2.   Member States shall supply the Commission (Eurostat) with a yearly report on the quality of the data transmitted.

3.   The indicators and standards enabling the quality of the data to be assessed, the structure of the quality reports to be presented by the Member States and any measures necessary for assessing or improving the quality of the data shall be determined by the Commission in accordance with the procedure referred to in Article 14(2).

Article 14

Committee

1.   The Commission shall be assisted by a Committee for the statistics on the trading of goods between Member States (the ‘Intrastat Committee’), hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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

3.   The Committee shall adopt its rules of procedure.

Article 15

Final provisions

Regulation (EEC) No 3330/91 is hereby repealed.

Any references to the repealed Regulation shall be considered as references to this Regulation.

Article 16

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall take effect as from [1 January 2005].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 16 December 2003.

2

Position of the European Parliament of 16 December 2003.

(3)  OJ L 316, 16.11.1991, p. 1. Regulation as last amended by European Parliament and Council Regulation (EC) No 1624/2000 (OJ L 187, 26.7.2000, p. 1).

3

Regulation as last amended by European Parliament and Council Regulation (EC) No 1624/2000 (OJ L 187, 26.7.2000, p. 1).

(4)  OJ L 52, 22.2.1997, p. 1. Regulation as amended by European Parliament and Council Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

4

Regulation as amended by European Parliament and Council Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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

5

(6)  OJ L 302, 19.10.1992, p. 1.

6

(7)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ L 145, 13.6.1977, p. 1). Directive as last amended by Directive 2003/92/EC (OJ L 260, 11.10.2003, p. 8).

7

Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment

Directive as last amended by Directive 2003/92/EC (OJ L 260, 11.10.2003, p. 8).

(8)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 2205/2003 (OJ L 330, 18.12.2003, p. 10).

8

Regulation as last amended by Commission Regulation (EC) No 2205/2003 (OJ L 330, 18.12.2003, p. 10).

ANNEX

DEFINITIONS OF STATISTICAL DATA

| 1. | Partner Member State






  (a) | The partner Member State is the Member State of consignment, on arrival. This means the presumed Member State of dispatch in cases where goods enter directly from another Member State. When, before reaching the Member State of arrival, goods have entered one or more Member States in transit and have been subject in those States to halts or legal operations not inherent in their transport (e.g. change of ownership), the Member State of consignment shall be taken as the last Member State where such halts or operations occurred. |
| --- | --- | --- |

1.

Partner Member State

(a)

The partner Member State is the Member State of consignment, on arrival. This means the presumed Member State of dispatch in cases where goods enter directly from another Member State. When, before reaching the Member State of arrival, goods have entered one or more Member States in transit and have been subject in those States to halts or legal operations not inherent in their transport (e.g. change of ownership), the Member State of consignment shall be taken as the last Member State where such halts or operations occurred.

| (b) | The partner Member State is the Member State of destination, on dispatch. This means the last Member State to which it is known, at the time of dispatch, that the goods are to be dispatched. |
| --- | --- |

(b)

The partner Member State is the Member State of destination, on dispatch. This means the last Member State to which it is known, at the time of dispatch, that the goods are to be dispatched.

| 2. | Quantity of the goods
  The quantity of the goods can be expressed in two ways:






  a) | the net mass which means the actual mass of the goods excluding all packaging; |
| --- | --- | --- |

2.

Quantity of the goods

The quantity of the goods can be expressed in two ways:

a)

the net mass which means the actual mass of the goods excluding all packaging;

| b) | the supplementary units which mean the possible units measuring quantity other than net mass, as detailed in the annual Commission Regulation updating the Combined Nomenclature. |
| --- | --- |

b)

the supplementary units which mean the possible units measuring quantity other than net mass, as detailed in the annual Commission Regulation updating the Combined Nomenclature.

| 3. | Value of the goods
  The value of the goods can be expressed in two ways:






  a) | the taxable amount which is the value to be determined for taxation purposes in accordance with Directive 77/388/EEC; |
| --- | --- | --- |

3.

Value of the goods

The value of the goods can be expressed in two ways:

a)

the taxable amount which is the value to be determined for taxation purposes in accordance with Directive 77/388/EEC;

| b) | the statistical value which is the value calculated at the national frontier of the Member States. It includes only incidental expenses (freight, insurance) incurred, in the case of dispatches, in the part of the journey located on the territory of the Member State of dispatch and, in the case of arrivals, in the part of the journey located outside the territory of the Member State of arrival. It is said to be an FOB value (free on board), for dispatches, and a CIF value (cost, insurance, freight) for arrivals. |
| --- | --- |

b)

the statistical value which is the value calculated at the national frontier of the Member States. It includes only incidental expenses (freight, insurance) incurred, in the case of dispatches, in the part of the journey located on the territory of the Member State of dispatch and, in the case of arrivals, in the part of the journey located outside the territory of the Member State of arrival. It is said to be an FOB value (free on board), for dispatches, and a CIF value (cost, insurance, freight) for arrivals.

| 4. | Nature of the transaction
  The nature of transaction means the different characteristics (purchase/sale, work under contract, etc.) which are deemed to be useful in distinguishing one transaction from another. |
| --- | --- |

4.

Nature of the transaction

The nature of transaction means the different characteristics (purchase/sale, work under contract, etc.) which are deemed to be useful in distinguishing one transaction from another.

| 5. | Country of origin
  The country of origin, on arrivals only, means the country where the goods originate.
  Goods which are wholly obtained or produced in a country originate in that country.
  Goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in a company equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. |
| --- | --- |

5.

Country of origin

The country of origin, on arrivals only, means the country where the goods originate.

Goods which are wholly obtained or produced in a country originate in that country.

Goods whose production involved more than one country shall be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in a company equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture.

| 6. | Region of origin or destination






  (a) | The region of origin, on dispatch, means the region of the Member State of dispatch where the goods were produced or were erected, assembled, processed, repaired or maintained; failing this, the region of origin is the region where the goods were dispatched, failing this, the region where the commercial process took place. |
| --- | --- | --- |

6.

Region of origin or destination

(a)

The region of origin, on dispatch, means the region of the Member State of dispatch where the goods were produced or were erected, assembled, processed, repaired or maintained; failing this, the region of origin is the region where the goods were dispatched, failing this, the region where the commercial process took place.

| (b) | The region of destination, on arrival, means the region of the Member State of arrival where the goods are to be consumed or erected, assembled, processed, repaired or maintained; failing this, the region of destination is the region to which the goods are to be dispatched, failing this, the region where the commercial process is to take place. |
| --- | --- |

(b)

The region of destination, on arrival, means the region of the Member State of arrival where the goods are to be consumed or erected, assembled, processed, repaired or maintained; failing this, the region of destination is the region to which the goods are to be dispatched, failing this, the region where the commercial process is to take place.

| 7. | Delivery terms
  The delivery terms mean those provisions of the sales contract which lay down the obligations of the seller and the buyer respectively, in accordance with the Incoterms of the International Chamber of Commerce (CIF, FOB, etc.). |
| --- | --- |

7.

Delivery terms

The delivery terms mean those provisions of the sales contract which lay down the obligations of the seller and the buyer respectively, in accordance with the Incoterms of the International Chamber of Commerce (CIF, FOB, etc.).

| 8. | Mode of transport
  The mode of transport is determined by the active means of transport by which the goods are presumed to be going to leave the statistical territory of the Member State of dispatch, on dispatch, and by the active means of transport by which the goods are presumed to have entered the statistical territory of the Member State of arrival, on arrival. |
| --- | --- |

8.

Mode of transport

The mode of transport is determined by the active means of transport by which the goods are presumed to be going to leave the statistical territory of the Member State of dispatch, on dispatch, and by the active means of transport by which the goods are presumed to have entered the statistical territory of the Member State of arrival, on arrival.

| 9. | Statistical procedure
  The statistical procedure means the different characteristics which are deemed to be useful in distinguishing different types of arrivals/dispatches for statistical purposes. |
| --- | --- |

9.

Statistical procedure

The statistical procedure means the different characteristics which are deemed to be useful in distinguishing different types of arrivals/dispatches for statistical purposes.

P5_TA(2003)0565

Convention: discharge 2002 ***

European Parliament resolution on the decision of the Representatives of the Governments of the Member States concerning the discharge to be granted to the Secretary-General of the Convention in respect of the implementation of its budget for the financial year 2002 (C5-0406/2003 — 2003/0903(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to Article 20 of the Decision of the Representatives of the Governments of the Member States meeting within the Council of 21 February 2002 setting up a Fund for the financing of the Convention on the future of the European Union and laying down the financial rules for its management (2002/176/EU) (1), |
| --- | --- |

—

having regard to Article 20 of the Decision of the Representatives of the Governments of the Member States meeting within the Council of 21 February 2002 setting up a Fund for the financing of the Convention on the future of the European Union and laying down the financial rules for its management (2002/176/EU) (1),

| — | having regard to the revenue and expenditure account and balance sheet of the Convention for the financial year 2002, forwarded to the European Parliament by letter dated 15 May 2003 (SN 2802/2003 — I5-0016/2003 — C5-0406/2003), |
| --- | --- |

—

having regard to the revenue and expenditure account and balance sheet of the Convention for the financial year 2002, forwarded to the European Parliament by letter dated 15 May 2003 (SN 2802/2003 — I5-0016/2003 — C5-0406/2003),

| — | having regard to the report by the Court of Auditors of 10 April 2003 on the accounts drawn up by the Secretary-General of the Convention on the future of the European Union for the financial year 2002 (started on 21 February 2002 and ended on 31 December 2002), together with the comments of the Secretary-General of the Convention (2) (I5-0013/2003), |
| --- | --- |

—

having regard to the report by the Court of Auditors of 10 April 2003 on the accounts drawn up by the Secretary-General of the Convention on the future of the European Union for the financial year 2002 (started on 21 February 2002 and ended on 31 December 2002), together with the comments of the Secretary-General of the Convention (2) (I5-0013/2003),

| — | having regard to the consultation by the Council (9736/2003), |
| --- | --- |

—

having regard to the consultation by the Council (9736/2003),

| — | having regard to Rule 86(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 86(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Budgetary Control (A5-0414/2003), |
| --- | --- |

—

having regard to the recommendation of the Committee on Budgetary Control (A5-0414/2003),

| A. | whereas the Court of Auditors states in its report that its examination enabled it to obtain reasonable assurance that the Convention's accounts for the financial year ended 31 December 2002 were reliable and that the underlying transactions were, on the whole, legal and regular; |
| --- | --- |

A.

whereas the Court of Auditors states in its report that its examination enabled it to obtain reasonable assurance that the Convention's accounts for the financial year ended 31 December 2002 were reliable and that the underlying transactions were, on the whole, legal and regular;

| B. | whereas the Convention's accounts for the financial year 2002 do not give rise to any matters calling for comment; |
| --- | --- |

B.

whereas the Convention's accounts for the financial year 2002 do not give rise to any matters calling for comment;

| 1. | Gives its assent to the granting of discharge to the Secretary-General of the Convention in respect of the implementation of its budget for the financial year 2002; |
| --- | --- |

1.

Gives its assent to the granting of discharge to the Secretary-General of the Convention in respect of the implementation of its budget for the financial year 2002;

| 2. | Instructs its President to forward its resolution to the Council, the Commission, the representatives of the governments of the Member States meeting within the Council and to the Court of Auditors. |
| --- | --- |

2.

Instructs its President to forward its resolution to the Council, the Commission, the representatives of the governments of the Member States meeting within the Council and to the Court of Auditors.

---

(1)  OJ L 60, 1.3.2002, p. 56.

(2)  OJ C 122, 22.5.2003.

P5_TA(2003)0566

VAT implementing powers and derogations *

European Parliament legislative resolution on the proposal for a Council directive amending Directive 77/388/EEC concerning the common system of value added tax, as regards conferment of implementing powers and the procedure for adopting derogations (COM(2003) 335 — C5-0281/2003 — 2003/0120(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 335) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 335) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0281/2003), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0281/2003),

| — | 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 Economic and Monetary Affairs (A5-0427/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0427/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 2 |
| (2) | In the interests of transparency and legal certainty, it is preferable to ensure that every derogation authorised under Article 27 or Article 30 of Directive 77/388/EEC takes the form of an explicit decision adopted by the Council acting on a proposal from the Commission. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 2

(2)

In the interests of transparency and legal certainty, it is preferable to ensure that every derogation authorised under Article 27 or Article 30 of Directive 77/388/EEC takes the form of an explicit decision adopted by the Council acting on a proposal from the Commission.

| (2) | In the interests of transparency and legal certainty, it is preferable to ensure that every derogation authorised under Article 27 or Article 30 of Directive 77/388/EEC takes the form of an explicit decision adopted by the Council acting on a proposal from the Commission
  after having informed the European Parliament. |
| --- | --- |

(2)

In the interests of transparency and legal certainty, it is preferable to ensure that every derogation authorised under Article 27 or Article 30 of Directive 77/388/EEC takes the form of an explicit decision adopted by the Council acting on a proposal from the Commission
  after having informed the European Parliament.

Amendment 2

RECITAL 13

| (13) | Given the restricted scope of the measures envisaged, measures implementing Directive 77/388/EEC should be adopted by the Council acting unanimously on a proposal from the Commission in accordance with a procedure similar to that laid down by the same Directive in respect of derogations. |
| --- | --- |

(13)

Given the restricted scope of the measures envisaged, measures implementing Directive 77/388/EEC should be adopted by the Council acting unanimously on a proposal from the Commission in accordance with a procedure similar to that laid down by the same Directive in respect of derogations.

| (13) | Given the restricted scope of the measures envisaged, measures implementing Directive 77/388/EEC should be adopted by the Council acting unanimously on a proposal from the Commission in accordance with a procedure similar to that laid down by the same Directive in respect of derogations.
  However, in order to guarantee the transparency of the process, the European Parliament should be kept fully informed throughout. |
| --- | --- |

(13)

Given the restricted scope of the measures envisaged, measures implementing Directive 77/388/EEC should be adopted by the Council acting unanimously on a proposal from the Commission in accordance with a procedure similar to that laid down by the same Directive in respect of derogations.
  However, in order to guarantee the transparency of the process, the European Parliament should be kept fully informed throughout.

Amendment 3

ARTICLE 1, POINT 1

Article 27, paragraph 4 (Directive 77/388/EEC)

| 4. | Within three months of giving the notification referred to in paragraph 3 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections. |
| --- | --- |

4.

Within three months of giving the notification referred to in paragraph 3 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.

| 4. | Within three months of giving the notification referred to in paragraph 3 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.
  The proposal or communication shall be forwarded for information to the European Parliament at the same time as it is sent to the Council. |
| --- | --- |

4.

Within three months of giving the notification referred to in paragraph 3 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.
  The proposal or communication shall be forwarded for information to the European Parliament at the same time as it is sent to the Council.

Amendment 4

ARTICLE 1, POINT 2

Article 29a (Directive 77/388/EEC)

The Council, acting unanimously on a proposal from the Commission, shall adopt the measures necessary to implement this Directive.

The Council, acting unanimously on a proposal from the Commission, shall,
  after having informed the European Parliament, adopt the measures necessary to implement this Directive.

Amendment 5

ARTICLE 1, POINT 3

Article 30, paragraph 1, subparagraph 1 (Directive 77/388/EEC)

| 1. | The Council, acting unanimously on a proposal from the Commission, may authorise any Member State to conclude with a third country or an international organisation an agreement which may contain derogations from this Directive. |
| --- | --- |

1.

The Council, acting unanimously on a proposal from the Commission, may authorise any Member State to conclude with a third country or an international organisation an agreement which may contain derogations from this Directive.

| 1. | The Council, acting unanimously on a proposal from the Commission
  and after having informed the European Parliament
  , may authorise any Member State to conclude with a third country or an international organisation an agreement which may contain derogations from this Directive. |
| --- | --- |

1.

The Council, acting unanimously on a proposal from the Commission
  and after having informed the European Parliament
  , may authorise any Member State to conclude with a third country or an international organisation an agreement which may contain derogations from this Directive.

Amendment 6

ARTICLE 1, POINT 3

Article 30, paragraph 3 (Directive 77/388/EEC)

| 3. | Within three months of giving the notification referred to in paragraph 2 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections. |
| --- | --- |

3.

Within three months of giving the notification referred to in paragraph 2 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.

| 3. | Within three months of giving the notification referred to in paragraph 2 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.
  The proposal or communication shall be forwarded for information to the European Parliament at the same time as it is sent to the Council. |
| --- | --- |

3.

Within three months of giving the notification referred to in paragraph 2 the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.
  The proposal or communication shall be forwarded for information to the European Parliament at the same time as it is sent to the Council.

---

(1)  Not yet published in OJ.

P5_TA(2003)0567

Taxation of parent companies and subsidiaries of different Member States *

European Parliament legislative resolution on the proposal for a Council directive amending Directive 90/435/EEC on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (COM(2003) 462 — C5-0427/2003 — 2003/0179(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 462) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 462) (1),

| — | having regard to Article 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0427/2003), |
| --- | --- |

—

having regard to Article 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0427/2003),

| — | 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 Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0472/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0472/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 7 |
| (7) | In order to
  extend the benefits of
  Directive 90/435/EEC, the threshold of the shareholding for one company to be considered a parent and the other as its subsidiary should be lowered from 25 % to
  10 %. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 7

(7)

In order to
  extend the benefits of
  Directive 90/435/EEC, the threshold of the shareholding for one company to be considered a parent and the other as its subsidiary should be lowered from 25 % to
  10 %.

| (7) | Most Member States do not apply any domestic threshold at all or a very low threshold for the tax treatment of inter-company dividends, and
  in order to
  bring cross-border cases, as covered by
  Directive 90/435/EEC,
  more in line with the treatment of domestic groups
  , the threshold of the shareholding for one company to be considered a parent and the other as its subsidiary should be lowered from 25 % to
  5 %
  . |
| --- | --- |

(7)

Most Member States do not apply any domestic threshold at all or a very low threshold for the tax treatment of inter-company dividends, and
  in order to
  bring cross-border cases, as covered by
  Directive 90/435/EEC,
  more in line with the treatment of domestic groups
  , the threshold of the shareholding for one company to be considered a parent and the other as its subsidiary should be lowered from 25 % to
  5 %
  .

Amendment 2

ARTICLE 1, POINT 1

Article 1, paragraph 1, indent 3 (Directive 90/435/EEC)

| — | to distributions of profits received by permanent establishments situated in that State of companies of other Member States which come from their subsidiaries of a Member State. |
| --- | --- |

—

to distributions of profits received by permanent establishments situated in that State of companies of other Member States which come from their subsidiaries of a Member State.

| — | to distributions of profits received by permanent establishments situated in that State of companies of other Member States which come from their subsidiaries of a Member State
  other than the State in which the permanent establishment is situated
  . |
| --- | --- |

—

to distributions of profits received by permanent establishments situated in that State of companies of other Member States which come from their subsidiaries of a Member State
  other than the State in which the permanent establishment is situated
  .

Amendment 3

ARTICLE 1, POINT 2

Article 3, paragraph 1, point (a) (Directive 90/435/EEC)

| (a) | the status of parent company shall be attributed at least to any company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of
  10 %
  in the capital of a company of another Member State fulfilling the same conditions; |
| --- | --- |

(a)

the status of parent company shall be attributed at least to any company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of
  10 %
  in the capital of a company of another Member State fulfilling the same conditions;

| (a) | the status of parent company shall be attributed at least to any company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of
  5 %
  in the capital of a company of another Member State fulfilling the same conditions; |
| --- | --- |

(a)

the status of parent company shall be attributed at least to any company of a Member State which fulfils the conditions set out in Article 2 and has a minimum holding of
  5 %
  in the capital of a company of another Member State fulfilling the same conditions;

Amendment 4

ARTICLE 1, POINT 3, POINT (a)

Article 4, paragraph 1, indent 2 (Directive 90/435/EEC)

| — | tax such profits while authorising the parent company and the permanent establishment to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary and any lower-tier subsidiary which relates to those profits, up to the limit of the amount of the corresponding tax. |
| --- | --- |

—

tax such profits while authorising the parent company and the permanent establishment to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary and any lower-tier subsidiary which relates to those profits, up to the limit of the amount of the corresponding tax.

| — | tax such profits while authorising the parent company and the permanent establishment to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary and any lower-tier subsidiary
  fulfilling the same requirements
  which relates to those profits, up to the limit of the amount of the corresponding tax. |
| --- | --- |

—

tax such profits while authorising the parent company and the permanent establishment to deduct from the amount of tax due that fraction of the corporation tax paid by the subsidiary and any lower-tier subsidiary
  fulfilling the same requirements
  which relates to those profits, up to the limit of the amount of the corresponding tax.

Amendment 5

ARTICLE 1, POINT 3, POINT (c)

Article 4, paragraph 2, subparagraph 2 (Directive 90/435/EEC)

The parent company shall be allowed to provide evidence of the real management costs incurred that are to be considered non-deductible.

Where
  the parent company
  provides
  evidence
  that
  the real management costs incurred that are to be considered non-deductible
  are lower than the flat-rate amount, the non-deductible amount may not exceed the real costs.

Amendment 6

ARTICLE 1, POINT 4, POINT (a)

Article 5, paragraph 1 (Directive 90/435/EEC)

| 1. | Profits which a subsidiary distributes to its parent company shall, at least where the latter holds a minimum of
  10 %
  of the capital of the subsidiary, be exempt from withholding tax. |
| --- | --- |

1.

Profits which a subsidiary distributes to its parent company shall, at least where the latter holds a minimum of
  10 %
  of the capital of the subsidiary, be exempt from withholding tax.

| 1. | Profits which a subsidiary distributes to its parent company shall, at least where the latter holds a minimum of
  5 %
  of the capital of the subsidiary, be exempt from withholding tax. |
| --- | --- |

1.

Profits which a subsidiary distributes to its parent company shall, at least where the latter holds a minimum of
  5 %
  of the capital of the subsidiary, be exempt from withholding tax.

Amendment 7

ANNEX

Annex, point za (new) (Directive 90/435/EEC)

| (za) | cooperatives incorporated under Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) (2) and Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (3)

  . |
| --- | --- |

(za)

cooperatives incorporated under Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) (2) and Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (3)

  .

---

(1)  Not yet published in OJ.

(2)  

  OJ L 207, 18.8.2003, p. 1.

(3)  

  OJ L 207, 18.8.2003, p. 25.

P5_TA(2003)0568

Controls on fishing in the Antarctic *

European Parliament legislative resolution on the amended proposal for a Council regulation laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (COM(2002) 356 — C5-0356/2002 — COM(2003) 384 — C5-0430/2003 —2002/0137(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 356) (1) and the amended proposal (COM(2003) 384) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 356) (1) and the amended proposal (COM(2003) 384) (2),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0430/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0430/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A5-0440/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0440/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 3, paragraph 4a (new) |
| | 4a. | Member States shall not issue a special fishing permit to vessels intending to engage in longline fisheries in the Convention area that do not comply with the provisions of Article 8(3), second subparagraph, of Council Regulation (EC) No (.../200...) laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 3, paragraph 4a (new)

4a.

Amendment 2

Article 6, paragraph 1

| 1. | Fishing in a new fishery in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraph 4. |
| --- | --- |

1.

Fishing in a new fishery in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraph 4.

| 1. | Fishing in a new fishery in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraphs 2 to 5. |
| --- | --- |

1.

Fishing in a new fishery in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraphs 2 to 5.

Amendment 3

Article 7, paragraph 1

| 1. | Exploratory fishing in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraphs 2 to 6
  . |
| --- | --- |

1.

Exploratory fishing in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraphs 2 to 6
  .

| 1. | Exploratory fishing in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraphs 2 to 7
  . |
| --- | --- |

1.

Exploratory fishing in the Convention area shall be prohibited except where it has been authorised in accordance with
  paragraphs 2 to 7
  .

Amendment 4

Article 24, paragraph 6, subparagraphs 1 and 2

| 6. | If a vessel refuses to stop or otherwise facilitate transfer of an
  observer or
  inspector, or if the master or crew of a vessel interferes with the authorised activities of an
  observer or
  inspector, the
  observer or
  inspector involved shall prepare a detailed report, including a full description of all the circumstances, and provide the report to the designating State to be transmitted in accordance with the relevant provisions of Article 25. |
| --- | --- |

6.

If a vessel refuses to stop or otherwise facilitate transfer of an
  observer or
  inspector, or if the master or crew of a vessel interferes with the authorised activities of an
  observer or
  inspector, the
  observer or
  inspector involved shall prepare a detailed report, including a full description of all the circumstances, and provide the report to the designating State to be transmitted in accordance with the relevant provisions of Article 25.

| 6. | If a vessel refuses to stop or otherwise facilitate transfer of an inspector, or if the master or crew of a vessel interferes with the authorised activities of an inspector, the inspector involved shall prepare a detailed report, including a full description of all the circumstances, and provide the report to the designating State to be transmitted in accordance with the relevant provisions of Article 25. |
| --- | --- |

6.

If a vessel refuses to stop or otherwise facilitate transfer of an inspector, or if the master or crew of a vessel interferes with the authorised activities of an inspector, the inspector involved shall prepare a detailed report, including a full description of all the circumstances, and provide the report to the designating State to be transmitted in accordance with the relevant provisions of Article 25.

Interference with an
  observer or
  inspector or failure to comply with reasonable requests made by an
  observer or
  inspector in the performance of his duties shall be treated by the flag Member State as if the
  observer or
  inspector were an
  observer or
  inspector of that Member State.

Interference with an inspector or failure to comply with reasonable requests made by an inspector in the performance of his duties shall be treated by the flag Member State as if the inspector were an inspector of that Member State.

Amendment 5

Article 28, paragraph 2

| 2. | In the case of Community fishing vessels, references to CCAMLR conservation measures in paragraph 1 shall be understood as references to the relevant provisions of Regulation (EC) (XXX/2003), the provisions of Regulation (EC) 1035/2001, or the provisions of the Regulation fixing each year the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required, implementing such measures. |
| --- | --- |

2.

In the case of Community fishing vessels, references to CCAMLR conservation measures in paragraph 1 shall be understood as references to the relevant provisions of Regulation (EC) (XXX/2003), the provisions of Regulation (EC) 1035/2001, or the provisions of the Regulation fixing each year the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required, implementing such measures.

| 2. | In the case of Community fishing vessels, references to CCAMLR conservation measures in paragraph 1 shall be understood as references to the relevant provisions of
  this Regulation, the provisions
  of Regulation (EC) (XXX/2003), the provisions of Regulation (EC) 1035/2001, or the provisions of the Regulation fixing each year the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required, implementing such measures. |
| --- | --- |

2.

In the case of Community fishing vessels, references to CCAMLR conservation measures in paragraph 1 shall be understood as references to the relevant provisions of
  this Regulation, the provisions
  of Regulation (EC) (XXX/2003), the provisions of Regulation (EC) 1035/2001, or the provisions of the Regulation fixing each year the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required, implementing such measures.

Amendment 6

Article 30a (new)

Article 30a

Measures in respect of Contracting Party nationals

| 1. | Member States shall cooperate and take all necessary measures in accordance with national and Community law, in order to:










  (a) | ensure that nationals subject to their jurisdiction do not support or engage in IUU fishing, including engagement on board vessels appearing in the IUU vessel list referred to in Article 29; |
| --- | --- | --- |

1.

Member States shall cooperate and take all necessary measures in accordance with national and Community law, in order to:

(a)

ensure that nationals subject to their jurisdiction do not support or engage in IUU fishing, including engagement on board vessels appearing in the IUU vessel list referred to in Article 29;

| (b) | identify those nationals who are the operators or beneficial owners of vessels involved in IUU fishing. |
| --- | --- |

(b)

identify those nationals who are the operators or beneficial owners of vessels involved in IUU fishing.

| 2. | Member States shall ensure that sanctions for IUU fishing applied to nationals under their jurisdiction are of sufficient severity to effectively prevent, deter and eliminate IUU fishing and to deprive offenders of the benefits accruing from such illegal activity. |
| --- | --- |

2.

Member States shall ensure that sanctions for IUU fishing applied to nationals under their jurisdiction are of sufficient severity to effectively prevent, deter and eliminate IUU fishing and to deprive offenders of the benefits accruing from such illegal activity.

---

(1)  OJ C 262, 29.10.2002, p. 310.

(2)  Not yet published in OJ.

P5_TA(2003)0569

Technical measures applicable to fishing activities in the Antarctic *

European Parliament legislative resolution on the amended proposal for a Council regulation laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (COM(2002) 355 — C5-0355/2002 — COM(2003) 384 — C5-0431/2003 — 2002/0138(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 355) (1) and the amended proposal (COM(2003) 384) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 355) (1) and the amended proposal (COM(2003) 384) (2),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0431/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0431/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A5-0437/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0437/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 8, paragraph 3, subparagraph 2 |
| Member States shall not issue a special fishing permit to
  vessels
  which are
  so configured that they
  lack
  on-board offal processing facilities or adequate capacity to retain offal on board, or the ability to discharge offal on the opposite side of the vessel to that where longlines are hauled. | Vessels
  shall be
  so configured that they
  dispose of
  on-board offal processing facilities or adequate capacity to retain offal on board, or the ability to discharge offal on the opposite side of the vessel to that where longlines are hauled. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 8, paragraph 3, subparagraph 2

Member States shall not issue a special fishing permit to
  vessels
  which are
  so configured that they
  lack
  on-board offal processing facilities or adequate capacity to retain offal on board, or the ability to discharge offal on the opposite side of the vessel to that where longlines are hauled.

Vessels
  shall be
  so configured that they
  dispose of
  on-board offal processing facilities or adequate capacity to retain offal on board, or the ability to discharge offal on the opposite side of the vessel to that where longlines are hauled.

---

(1)  OJ C 262, 29.10.2002, p. 295.

(2)  Not yet published in OJ.

P5_TA(2003)0570

Human tissues and cells ***II

European Parliament legislative resolution on the Council common position adopting a European Parliament and Council directive on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (10133/3/2003 — C5-0416/2003 — 2002/0128(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (10133/3/2003 — C5-0416/2003) (1), |
| --- | --- |

—

having regard to the Council common position (10133/3/2003 — C5-0416/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 319) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 319) (3),

| — | having regard to the amended proposal (COM(2003) 340) (4), |
| --- | --- |

—

having regard to the amended proposal (COM(2003) 340) (4),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 80 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 80 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0387/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0387/2003),

| 1. | Amends the common position as follows; |
| --- | --- |

1.

Amends the common position as follows;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

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

---

(1)  OJ C 240 E, 7.10.2003, p. 12.

(2)  Texts Adopted, 10.4.2003, P5_TA(2003)0182.

(3)  OJ C 227 E, 24.9.2002, p. 505.

(4)  Not yet published in the OJ.

P5_TC2-COD(2002)0128

Position of the European Parliament adopted at second reading on 16 December 2003 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(a) thereof,

Having regard to the proposal from the Commission (1),

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

Following consultation of the Committee of the Regions,

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

Whereas:

| (1) | The transplantation of human tissues and cells is a strongly expanding field of medicine offering great opportunities for the treatment of as yet incurable diseases. The quality and safety of these substances should be ensured, particularly in order to prevent the transmission of diseases. |
| --- | --- |

(1)

The transplantation of human tissues and cells is a strongly expanding field of medicine offering great opportunities for the treatment of as yet incurable diseases. The quality and safety of these substances should be ensured, particularly in order to prevent the transmission of diseases.

| (2) | The availability of human tissues and cells used for therapeutic purposes is dependent on Community citizens who are prepared to donate them. In order to safeguard public health and to prevent the transmission of infectious diseases by these tissues and cells, all safety measures need to be taken during their donation, procurement, testing, processing, preservation, storage, distribution and use. |
| --- | --- |

(2)

The availability of human tissues and cells used for therapeutic purposes is dependent on Community citizens who are prepared to donate them. In order to safeguard public health and to prevent the transmission of infectious diseases by these tissues and cells, all safety measures need to be taken during their donation, procurement, testing, processing, preservation, storage, distribution and use.

| (3) | It is necessary to promote information and awareness campaigns at national and European level on the donation of tissues, cells and organs based on the theme ‘we are all potential donors’. The aim of these campaigns should be to help European citizens decide to become donors during their lifetime and let their families or legal representatives know their wishes. As there is a need to ensure the availability of tissues and cells for medical treatments, Member States should promote the donation of tissues and cells, including haematopoietic progenitors, of high quality and safety, thereby also increasing self-sufficiency in the Community. |
| --- | --- |

(3)

It is necessary to promote information and awareness campaigns at national and European level on the donation of tissues, cells and organs based on the theme ‘we are all potential donors’. The aim of these campaigns should be to help European citizens decide to become donors during their lifetime and let their families or legal representatives know their wishes. As there is a need to ensure the availability of tissues and cells for medical treatments, Member States should promote the donation of tissues and cells, including haematopoietic progenitors, of high quality and safety, thereby also increasing self-sufficiency in the Community.

| (4) | There is an urgent need for a unified framework in order to ensure high standards of quality and safety with respect to the procurement, testing, processing, storage and distribution of tissues and cells across the Community and to facilitate exchanges thereof for patients receiving this type of therapy each year. It is essential, therefore, that Community provisions ensure that human tissues and cells whatever their intended use are of comparable quality and safety. The establishment of such standards, therefore, will help to reassure the public that human tissues and cells that are procured in another Member State, nonetheless, carry the same guarantees as those in their own country. |
| --- | --- |

(4)

There is an urgent need for a unified framework in order to ensure high standards of quality and safety with respect to the procurement, testing, processing, storage and distribution of tissues and cells across the Community and to facilitate exchanges thereof for patients receiving this type of therapy each year. It is essential, therefore, that Community provisions ensure that human tissues and cells whatever their intended use are of comparable quality and safety. The establishment of such standards, therefore, will help to reassure the public that human tissues and cells that are procured in another Member State, nonetheless, carry the same guarantees as those in their own country.

| (5) | As tissue and cell therapy is a field in which an intensive worldwide exchange is taking place, it is desirable to have worldwide standards. The Community should therefore endeavour to promote the highest possible level of protection so as to safeguard public health as regards the quality and safety of tissues and cells. The Commission should include in its report to the European Parliament and the Council information on the progress made in this respect. |
| --- | --- |

(5)

As tissue and cell therapy is a field in which an intensive worldwide exchange is taking place, it is desirable to have worldwide standards. The Community should therefore endeavour to promote the highest possible level of protection so as to safeguard public health as regards the quality and safety of tissues and cells. The Commission should include in its report to the European Parliament and the Council information on the progress made in this respect.

| (6) | Tissues and cells intended to be used for industrially manufactured products, including medical devices, should be covered by this Directive only as far as donation, procurement and testing are concerned, where the processing, preservation, storage and distribution are regulated by other Community legislation. The further manufacturing steps are covered by Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (4). |
| --- | --- |

(6)

Tissues and cells intended to be used for industrially manufactured products, including medical devices, should be covered by this Directive only as far as donation, procurement and testing are concerned, where the processing, preservation, storage and distribution are regulated by other Community legislation. The further manufacturing steps are covered by Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (4).

| (7) | This Directive should apply to tissues and cells including haematopoietic peripheral blood, umbilical cord (blood) and bone marrow stem cells; reproductive cells (eggs, sperm); foetal tissues and cells, adult and embryonic stem cells. |
| --- | --- |

(7)

This Directive should apply to tissues and cells including haematopoietic peripheral blood, umbilical cord (blood) and bone marrow stem cells; reproductive cells (eggs, sperm); foetal tissues and cells, adult and embryonic stem cells.

| (8) | This Directive excludes blood and blood products (other than haematopoietic progenitor cells), human organs, as well as organs, tissues, or cells of animal origin. Blood and blood products are currently regulated by Directive 2001/83/EC, Directive 2000/70/EC (5), Recommendation 98/463/EC (6) and Directive 2002/98/EC (7). Tissues and cells used as an autologous graft (tissues removed and transplanted back to the same individual), within the same surgical procedure and without being subjected to any banking process, are also excluded from this Directive. The quality and safety considerations associated with this process are completely different. |
| --- | --- |

(8)

This Directive excludes blood and blood products (other than haematopoietic progenitor cells), human organs, as well as organs, tissues, or cells of animal origin. Blood and blood products are currently regulated by Directive 2001/83/EC, Directive 2000/70/EC (5), Recommendation 98/463/EC (6) and Directive 2002/98/EC (7). Tissues and cells used as an autologous graft (tissues removed and transplanted back to the same individual), within the same surgical procedure and without being subjected to any banking process, are also excluded from this Directive. The quality and safety considerations associated with this process are completely different.

| (9) | The use of organs to some extent raises the same issues as the use of tissues and cells, though there are serious differences, and the two subjects should therefore not be covered by one directive. |
| --- | --- |

(9)

The use of organs to some extent raises the same issues as the use of tissues and cells, though there are serious differences, and the two subjects should therefore not be covered by one directive.

| (10) | This Directive covers tissues and cells intended for human applications, including human tissues and cells used for the preparation of cosmetic products. However, in view of the risk of transmission of communicable diseases, the use of human cells, tissues and products in cosmetic products is prohibited by Commission Directive 95/34/EC of 10 July 1995 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (8). |
| --- | --- |

(10)

This Directive covers tissues and cells intended for human applications, including human tissues and cells used for the preparation of cosmetic products. However, in view of the risk of transmission of communicable diseases, the use of human cells, tissues and products in cosmetic products is prohibited by Commission Directive 95/34/EC of 10 July 1995 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (8).

| (11) | This Directive does not cover research using human tissues and cells, such as when used for purposes other than application to the human body, e.g. in vitro research or in animal models. Only those cells and tissues that in clinical trials are applied to the human body should comply with the quality and safety standards laid down in this Directive. |
| --- | --- |

(11)

This Directive does not cover research using human tissues and cells, such as when used for purposes other than application to the human body, e.g. in vitro research or in animal models. Only those cells and tissues that in clinical trials are applied to the human body should comply with the quality and safety standards laid down in this Directive.

| (12) | This Directive should not interfere with decisions made by Member States concerning the use or non-use of any specific type of human cells, including germ cells and embryonic stem cells. If, however, any particular use of such cells is authorised in a Member State, this Directive will require the application of all provisions necessary to protect public health, given the specific risks of these cells, on the basis of scientific knowledge and their particular nature, and guarantee respect for fundamental rights. Moreover, this Directive should not interfere with provisions of Member States defining the legal term ‘person’ or ‘individual’. |
| --- | --- |

(12)

This Directive should not interfere with decisions made by Member States concerning the use or non-use of any specific type of human cells, including germ cells and embryonic stem cells. If, however, any particular use of such cells is authorised in a Member State, this Directive will require the application of all provisions necessary to protect public health, given the specific risks of these cells, on the basis of scientific knowledge and their particular nature, and guarantee respect for fundamental rights. Moreover, this Directive should not interfere with provisions of Member States defining the legal term ‘person’ or ‘individual’.

| (13) | The donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells intended for human applications should comply with high standards of quality and safety in order to ensure a high level of health protection in the Community. This Directive should establish standards for each one of the steps in the human tissues and cells application process. |
| --- | --- |

(13)

The donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells intended for human applications should comply with high standards of quality and safety in order to ensure a high level of health protection in the Community. This Directive should establish standards for each one of the steps in the human tissues and cells application process.

| (14) | The clinical use of tissues and cells of human origin for human application may be constrained by limited availability. Therefore it would be desirable that the criteria for access to such tissues and cells are defined in a transparent manner, on the basis of an objective evaluation of medical needs. |
| --- | --- |

(14)

The clinical use of tissues and cells of human origin for human application may be constrained by limited availability. Therefore it would be desirable that the criteria for access to such tissues and cells are defined in a transparent manner, on the basis of an objective evaluation of medical needs.

| (15) | It is necessary to increase confidence among the Member States in the quality and safety of donated tissues and cells, in the health protection of living donors and respect for deceased donors, and in the safety of the application process. |
| --- | --- |

(15)

It is necessary to increase confidence among the Member States in the quality and safety of donated tissues and cells, in the health protection of living donors and respect for deceased donors, and in the safety of the application process.

| (16) | Tissues and cells used for allogeneic therapeutic purposes can be procured from both living and deceased donors. In order to ensure that the health status of a living donor is not affected by the donation, a prior medical examination should be required. The dignity of the deceased donor should be respected, notably through the reconstruction of the donor's body, so that it is as similar as possible to its original anatomical shape. |
| --- | --- |

(16)

Tissues and cells used for allogeneic therapeutic purposes can be procured from both living and deceased donors. In order to ensure that the health status of a living donor is not affected by the donation, a prior medical examination should be required. The dignity of the deceased donor should be respected, notably through the reconstruction of the donor's body, so that it is as similar as possible to its original anatomical shape.

| (17) | The use of tissues and cells for application in the human body can cause diseases and unwanted effects. Most of these can be prevented by careful donor evaluation and the testing of each donation in accordance with rules established and updated according to the best available scientific advice. |
| --- | --- |

(17)

The use of tissues and cells for application in the human body can cause diseases and unwanted effects. Most of these can be prevented by careful donor evaluation and the testing of each donation in accordance with rules established and updated according to the best available scientific advice.

| (18) | As a matter of principle, tissue and cell application programmes should be founded on the philosophy of voluntary and unpaid donation, anonymity of both donor and recipient, altruism of the donor and solidarity between donor and recipient. Member States are urged to take steps to encourage a strong public and non-profit sector involvement in the provision of tissue and cell application services and the related research and development. |
| --- | --- |

(18)

As a matter of principle, tissue and cell application programmes should be founded on the philosophy of voluntary and unpaid donation, anonymity of both donor and recipient, altruism of the donor and solidarity between donor and recipient. Member States are urged to take steps to encourage a strong public and non-profit sector involvement in the provision of tissue and cell application services and the related research and development.

| (19) | Voluntary and unpaid tissue and cell donations are a factor which may contribute to high safety standards for tissues and cells and therefore to the protection of human health. |
| --- | --- |

(19)

Voluntary and unpaid tissue and cell donations are a factor which may contribute to high safety standards for tissues and cells and therefore to the protection of human health.

| (20) | Any establishment may also be accredited as a tissue and cell establishment provided that it complies with the standards. |
| --- | --- |

(20)

Any establishment may also be accredited as a tissue and cell establishment provided that it complies with the standards.

| (21) | With due regard to the principle of transparency, all tissue establishments accredited, designated, authorised or licensed under the provisions of this Directive, including those manufacturing products from human tissues and cells, whether subject or not to other Community legislation, should have access to relevant tissues and cells procured in accordance with the provisions of this Directive, without prejudice to the provisions in force in Member States on the use of tissues and cells. |
| --- | --- |

(21)

With due regard to the principle of transparency, all tissue establishments accredited, designated, authorised or licensed under the provisions of this Directive, including those manufacturing products from human tissues and cells, whether subject or not to other Community legislation, should have access to relevant tissues and cells procured in accordance with the provisions of this Directive, without prejudice to the provisions in force in Member States on the use of tissues and cells.

| (22) | This Directive respects the fundamental rights and observes the principles reflected in the Charter of Fundamental Rights of the European Union (9) and takes into account as appropriate the Convention for the protection of human rights and dignity of the human being with regard to the application of biology and medicine: Convention on human rights and biomedicine. Neither the Charter nor the Convention makes express provision for harmonisation or precludes Member States from introducing more stringent requirements into their legislation. |
| --- | --- |

(22)

This Directive respects the fundamental rights and observes the principles reflected in the Charter of Fundamental Rights of the European Union (9) and takes into account as appropriate the Convention for the protection of human rights and dignity of the human being with regard to the application of biology and medicine: Convention on human rights and biomedicine. Neither the Charter nor the Convention makes express provision for harmonisation or precludes Member States from introducing more stringent requirements into their legislation.

| (23) | All necessary measures need to be taken in order to provide prospective donors of tissues and cells with assurances regarding the confidentiality of any health-related information provided to the authorised personnel, the results of tests on their donations, as well as any future traceability of their donation. |
| --- | --- |

(23)

All necessary measures need to be taken in order to provide prospective donors of tissues and cells with assurances regarding the confidentiality of any health-related information provided to the authorised personnel, the results of tests on their donations, as well as any future traceability of their donation.

| (24) | 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 the free movement of such data (10), applies to personal data processed in application of this Directive. Article 8 of that Directive prohibits in principle the processing of data concerning health. Limited exemptions to this prohibition principle are laid down. Directive 95/46/EC provides also for the controller to implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all other unlawful forms of processing. |
| --- | --- |

(24)

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 the free movement of such data (10), applies to personal data processed in application of this Directive. Article 8 of that Directive prohibits in principle the processing of data concerning health. Limited exemptions to this prohibition principle are laid down. Directive 95/46/EC provides also for the controller to implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against all other unlawful forms of processing.

| (25) | An accreditation system for tissue establishments and a system for notification of adverse events and reactions linked to the procurement, testing, processing, preservation, storage, and distribution of human tissues and cells should be established in the Member States. |
| --- | --- |

(25)

An accreditation system for tissue establishments and a system for notification of adverse events and reactions linked to the procurement, testing, processing, preservation, storage, and distribution of human tissues and cells should be established in the Member States.

| (26) | Member States should organise inspections and control measures, to be carried out by officials representing the competent authority, to ensure that tissue establishments comply with the provisions of this Directive. Member States should ensure that the officials involved in inspections and control measures are appropriately qualified and receive adequate training. |
| --- | --- |

(26)

Member States should organise inspections and control measures, to be carried out by officials representing the competent authority, to ensure that tissue establishments comply with the provisions of this Directive. Member States should ensure that the officials involved in inspections and control measures are appropriately qualified and receive adequate training.

| (27) | Personnel directly involved in the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells should be appropriately qualified and provided with timely and relevant training. The provisions laid down in this Directive as regards training should be applicable without prejudice to existing Community legislation on the recognition of professional qualifications. |
| --- | --- |

(27)

Personnel directly involved in the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells should be appropriately qualified and provided with timely and relevant training. The provisions laid down in this Directive as regards training should be applicable without prejudice to existing Community legislation on the recognition of professional qualifications.

| (28) | An adequate system to ensure the traceability of human tissues and cells should be established. This would also make it possible to verify compliance with quality and safety standards. Traceability should be enforced through accurate substance, donor, recipient, tissue establishment and laboratory identification procedures as well as record maintenance and an appropriate labelling system. |
| --- | --- |

(28)

An adequate system to ensure the traceability of human tissues and cells should be established. This would also make it possible to verify compliance with quality and safety standards. Traceability should be enforced through accurate substance, donor, recipient, tissue establishment and laboratory identification procedures as well as record maintenance and an appropriate labelling system.

| (29) | As a general principle, the identity of the recipient(s) should not be disclosed to the donor or his family and vice versa, without prejudice to legislation in force in Member States on the conditions of disclosure, which could authorise in exceptional cases, notably in the case of gametes donation, the lifting of donor anonymity. |
| --- | --- |

(29)

As a general principle, the identity of the recipient(s) should not be disclosed to the donor or his family and vice versa, without prejudice to legislation in force in Member States on the conditions of disclosure, which could authorise in exceptional cases, notably in the case of gametes donation, the lifting of donor anonymity.

| (30) | In order to increase the effective implementation of the provisions adopted under this Directive, it is appropriate to provide for penalties to be applied by Member States. |
| --- | --- |

(30)

In order to increase the effective implementation of the provisions adopted under this Directive, it is appropriate to provide for penalties to be applied by Member States.

| (31) | Since the objective of this Directive, namely to set high standards of quality and safety for human tissues and cells throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of 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 that objective. |
| --- | --- |

(31)

Since the objective of this Directive, namely to set high standards of quality and safety for human tissues and cells throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of 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 that objective.

| (32) | It is necessary that the best possible scientific advice is available to the Community in relation to the safety of tissues and cells; in particular in order to assist the Commission in adapting the provisions of this Directive to scientific and technical progress in particular in the light of the rapid advance in biotechnology knowledge and practice in the field of human tissues and cells. |
| --- | --- |

(32)

It is necessary that the best possible scientific advice is available to the Community in relation to the safety of tissues and cells; in particular in order to assist the Commission in adapting the provisions of this Directive to scientific and technical progress in particular in the light of the rapid advance in biotechnology knowledge and practice in the field of human tissues and cells.

| (33) | The opinions of the Scientific Committee for Medicinal Products and Medical Devices and that of the European Group on Ethics in Science and New Technologies have been taken into account, as well as international experience in this field, and will be sought in the future whenever necessary. |
| --- | --- |

(33)

The opinions of the Scientific Committee for Medicinal Products and Medical Devices and that of the European Group on Ethics in Science and New Technologies have been taken into account, as well as international experience in this field, and will be sought in the future whenever necessary.

| (34) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11), |
| --- | --- |

(34)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11),

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Objective

This Directive lays down standards of quality and safety for human tissues and cells intended for human applications, in order to ensure a high level of protection of human health.

Article 2

Scope

1.   This Directive shall apply to the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells intended for human applications and of manufactured products derived from human tissues and cells intended for human applications.

Where such manufactured products are covered by other Directives, this Directive shall apply only to donation, procurement and testing.

2.   This Directive shall not apply to:

| a) | tissues and cells used as an autologous graft within the same surgical procedure; |
| --- | --- |

a)

tissues and cells used as an autologous graft within the same surgical procedure;

| b) | blood and blood components as defined by Directive 2002/98/EC; |
| --- | --- |

b)

blood and blood components as defined by Directive 2002/98/EC;

| c) | organs or parts of organs if it is their function to be used for the same purpose as the entire organ in the human body. |
| --- | --- |

c)

organs or parts of organs if it is their function to be used for the same purpose as the entire organ in the human body.

Article 3

Definitions

For the purposes of this Directive:

| (a) | ‘Cells’means individual human cells or a collection of human cells when not bound by any form of connective tissue; |
| --- | --- |

(a)

‘Cells’means individual human cells or a collection of human cells when not bound by any form of connective tissue;

| (b) | ‘Tissue’means all constituent parts of the human body formed by cells; |
| --- | --- |

(b)

‘Tissue’means all constituent parts of the human body formed by cells;

| (c) | ‘Donor’means every human source, whether living or deceased, of human cells or tissues; |
| --- | --- |

(c)

‘Donor’means every human source, whether living or deceased, of human cells or tissues;

| (d) | ‘Donation’means donating human tissues or cells intended for human applications; |
| --- | --- |

(d)

‘Donation’means donating human tissues or cells intended for human applications;

| (e) | ‘Organ’means a differentiated and vital part of the human body, formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with an important level of autonomy; |
| --- | --- |

(e)

‘Organ’means a differentiated and vital part of the human body, formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with an important level of autonomy;

| (f) | ‘Procurement’means a process by which tissue or cells are made available; |
| --- | --- |

(f)

‘Procurement’means a process by which tissue or cells are made available;

| (g) | ‘Processing’means all operations involved in the preparation, manipulation, preservation and packaging of tissues or cells intended for human applications; |
| --- | --- |

(g)

‘Processing’means all operations involved in the preparation, manipulation, preservation and packaging of tissues or cells intended for human applications;

| (h) | ‘Preservation’means the use of chemical agents, alterations in environmental conditions or other means during processing to prevent or retard biological or physical deterioration of cells or tissues; |
| --- | --- |

(h)

‘Preservation’means the use of chemical agents, alterations in environmental conditions or other means during processing to prevent or retard biological or physical deterioration of cells or tissues;

| (i) | ‘Quarantine’means the status of retrieved tissue or cells, or tissue isolated physically or by other effective means, whilst awaiting a decision on their acceptance or rejection; |
| --- | --- |

(i)

‘Quarantine’means the status of retrieved tissue or cells, or tissue isolated physically or by other effective means, whilst awaiting a decision on their acceptance or rejection;

| (j) | ‘Storage’means maintaining the product under appropriate controlled conditions until distribution; |
| --- | --- |

(j)

‘Storage’means maintaining the product under appropriate controlled conditions until distribution;

| (k) | ‘Distribution’means transportation and delivery of tissues or cells intended for human applications; |
| --- | --- |

(k)

‘Distribution’means transportation and delivery of tissues or cells intended for human applications;

| (l) | ‘Human application’means the use of tissues or cells on or in a human recipient and extracorporal applications; |
| --- | --- |

(l)

‘Human application’means the use of tissues or cells on or in a human recipient and extracorporal applications;

| (m) | ‘Serious adverse event’means any untoward occurrence associated with the procurement, testing, processing, storage and distribution of tissues and cells that might lead to the transmission of a communicable disease, to death or life-threatening, disabling, or incapacitating conditions for patients or which might result in, or prolong, hospitalisation or morbidity; |
| --- | --- |

(m)

‘Serious adverse event’means any untoward occurrence associated with the procurement, testing, processing, storage and distribution of tissues and cells that might lead to the transmission of a communicable disease, to death or life-threatening, disabling, or incapacitating conditions for patients or which might result in, or prolong, hospitalisation or morbidity;

| (n) | ‘Serious adverse reaction’means an unintended response, including a communicable disease, in the donor or in the recipient associated with the procurement or human application of tissues and cells that is fatal, life-threatening, disabling, incapacitating, or which results in, or prolongs, hospitalisation or morbidity; |
| --- | --- |

(n)

‘Serious adverse reaction’means an unintended response, including a communicable disease, in the donor or in the recipient associated with the procurement or human application of tissues and cells that is fatal, life-threatening, disabling, incapacitating, or which results in, or prolongs, hospitalisation or morbidity;

| (o) | ‘Tissue establishment’means a tissue bank or a unit of a hospital or another body where activities of processing, preservation, storage or distribution of human tissues and cells are undertaken. It may also be responsible for procurement or testing of tissues and cells; |
| --- | --- |

(o)

‘Tissue establishment’means a tissue bank or a unit of a hospital or another body where activities of processing, preservation, storage or distribution of human tissues and cells are undertaken. It may also be responsible for procurement or testing of tissues and cells;

| (p) | ‘Allogeneic use’means cells or tissues removed from one person and applied to another; |
| --- | --- |

(p)

‘Allogeneic use’means cells or tissues removed from one person and applied to another;

| (q) | ‘Autologous use’means cells or tissues removed from and applied in the same person. |
| --- | --- |

(q)

‘Autologous use’means cells or tissues removed from and applied in the same person.

Article 4

Implementation

1.   Member States shall designate the competent authority or authorities responsible for implementing the requirements of this Directive.

2.   This Directive shall not prevent a Member State from maintaining or introducing more stringent protective measures, provided that they comply with the provisions of the Treaty.

In particular, a Member State may introduce requirements for voluntary unpaid donation, which include the prohibition or restriction of imports of human tissues and cells, to ensure a high level of health protection, provided that the conditions of the Treaty are met.

3.   This Directive does not affect the decisions of the Member States prohibiting the donation, procurement, testing, processing, preservation, storage, distribution or use of any specific type of human tissues or cells or cells from any specified source, including where those decisions also concern imports of the same type of human tissues or cells.

4.   In carrying out the activities covered by this Directive, the Commission may have recourse to technical and/or administrative assistance to the mutual benefit of the Commission and of the beneficiaries, relating to identification, preparation, management, monitoring, audit and control, as well as to support expenditure.

CHAPTER II

OBLIGATIONS ON MEMBER STATES' AUTHORITIES

Article 5

Supervision of human tissue and cell procurement

1.   Member States shall ensure that tissue and cell procurement and testing are carried out by persons with appropriate training and experience and that they take place in conditions accredited, designated, authorised or licensed for that purpose by the competent authority or authorities.

2.   The competent authority or authorities shall take all necessary measures to ensure that tissue and cell procurement complies with the requirements referred to in Article 28(b), (e) and (f). The tests required for donors shall be carried out by a qualified laboratory accredited, designated, authorised or licensed by the competent authority or authorities.

Article 6

Accreditation, designation, authorisation or licensingof tissue establishments and tissue and cell preparation processes

1.   Member States shall ensure that all tissue establishments where activities of testing, processing, preservation, storage or distribution of human tissues and cells intended for human applications are undertaken have been accredited, designated, authorised or licensed by a competent authority for the purpose of those activities.

2.   The competent authority or authorities, having verified that the tissue establishment complies with the requirements referred to in Article 28(a), shall accredit, designate, authorise or license the tissue establishment and indicate which activities it may undertake and which conditions apply. It or they shall authorise the tissue and cell preparation processes which the tissue establishment may carry out in accordance with the requirements referred to in Article 28(g). Agreements between tissue establishments and third parties, as referred to in Article 24, shall be examined within the framework of this procedure.

3.   The tissue establishment shall not undertake any substantial changes to its activities without the prior written approval of the competent authority or authorities.

4.   The competent authority or authorities may suspend or revoke the accreditation, designation, authorisation or licensing of a tissue establishment or of a tissue or cell preparation process if inspections or control measures demonstrate that such establishment or process does not comply with the requirements of this Directive.

5.   Some specified tissues and cells, which will be determined in accordance with the requirements referred to in Article 28(i), may, with the agreement of the competent authority or authorities, be distributed directly for immediate transplantation to the recipient as long as the supplier is provided with an accreditation, designation, authorisation or license for this activity.

Article 7

Inspections and control measures

1.   Member States shall ensure that the competent authority or authorities organise inspections and that tissue establishments carry out appropriate control measures in order to ensure compliance with the requirements of this Directive.

2.   Member States shall also ensure that appropriate control measures are in place for the procurement of human tissues and cells.

3.   Inspections shall be organised and control measures shall be carried out by the competent authority or authorities on a regular basis. The interval between two inspections shall not exceed two years.

4.   Such inspections and control measures shall be carried out by officials, representing the competent authority, who shall be empowered to:

| a) | inspect tissue establishments and the facilities of any third parties as specified in Article 24; |
| --- | --- |

a)

inspect tissue establishments and the facilities of any third parties as specified in Article 24;

| b) | evaluate and verify the procedures and the activities carried out in tissue establishments and the facilities of third parties that are relevant to the requirements of this Directive; |
| --- | --- |

b)

evaluate and verify the procedures and the activities carried out in tissue establishments and the facilities of third parties that are relevant to the requirements of this Directive;

| c) | examine any documents or other records relating to the requirements of this Directive. |
| --- | --- |

c)

examine any documents or other records relating to the requirements of this Directive.

5.   Guidelines concerning the conditions of the inspections and control measures, and on the training and qualification of the officials involved, in order to reach a consistent level of competence and performance shall be established in accordance with the procedure referred to in Article 29(2).

6.   The competent authority or authorities shall organise inspections and carry out control measures as appropriate whenever there is any serious adverse reaction or serious adverse event. In addition, such an inspection shall be organised and control measures shall be carried out at the duly justified request of the competent authority or authorities in another Member State in any such case.

7.   Member States shall, upon the request of another Member State or the Commission, provide information on the results of inspections and control measures carried out in relation to the requirements of this Directive.

Article 8

Traceability

1.   Member States shall ensure that all tissues and cells procured, processed, stored or distributed on their territory can be traced from the donor to the recipient and vice versa. This traceability shall also apply to all relevant data relating to products and materials coming into contact with these tissues and cells.

2.   Member States shall ensure the implementation of a donor identification system which assigns a unique code to each donation and to each of the products associated with it.

3.   All tissues and cells must be identified with a label that contains the information or references allowing a link to the information referred to in Article 28(f) and (h).

4.   Tissue establishments shall keep the data necessary to ensure traceability at all stages. Data required for full traceability shall be kept for a minimum of 30 years after clinical use. Data storage may also be in electronic form.

5.   The traceability requirements for tissues and cells, as well as for products and materials coming into contact with tissues and cells and having an effect on their quality and safety, shall be established by the Commission in accordance with the procedure referred to in Article 29(2).

6.   The procedures for ensuring traceability at Community level shall be established by the Commission in accordance with the procedure referred to in Article 29(2).

Article 9

Import/export of human tissues and cells

1.   Member States shall take all necessary measures to ensure that all imports of tissues and cells from third countries are undertaken by tissue establishments accredited, designated, authorised or licensed for the purpose of those activities, and that imported tissues and cells can be traced from the donor to the recipient and vice versa in accordance with the procedures referred to in Article 8. Member States and tissue establishments that receive such imports from third countries shall ensure that they meet standards of quality and safety equivalent to the ones laid down in this Directive.

2.   Member States shall take all necessary measures to ensure that all exports of tissues and cells to third countries are undertaken by tissue establishments accredited, designated, authorised or licensed for the purpose of those activities. Those Member States that send such exports to third countries shall ensure that the exports comply with the requirements of this Directive.

| 3. | (a) | The import or export of tissues and cells referred to in Article 6(5) may be authorised directly by the competent authority or authorities. |
| --- | --- | --- |
| (b) | In case of emergency, the import or export of certain tissues and cells may be authorised directly by the competent authority or authorities. |
| (c) | The competent authority or authorities shall take all necessary measures to ensure that imports and exports of tissues and cells referred to in subparagraphs (a) and (b) meet quality and safety standards equivalent to those laid down in this Directive. |

3.

(a)

The import or export of tissues and cells referred to in Article 6(5) may be authorised directly by the competent authority or authorities.

(b)

In case of emergency, the import or export of certain tissues and cells may be authorised directly by the competent authority or authorities.

(c)

The competent authority or authorities shall take all necessary measures to ensure that imports and exports of tissues and cells referred to in subparagraphs (a) and (b) meet quality and safety standards equivalent to those laid down in this Directive.

4.   The procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1 shall be established by the Commission in accordance with the procedure referred to in Article 29(2).

Article 10

Register of tissue establishments and reporting obligations

1.   Tissue establishments shall keep a record of their activities, including the types and quantities of tissues and/or cells procured, tested, preserved, processed, stored and distributed, or otherwise disposed of, and on the origin and destination of the tissues and cells intended for human applications, in accordance with the requirements referred to in Article 28(f). They shall submit to the competent authority or authorities an annual report on these activities. This report shall be publicly accessible.

2.   The competent authority or authorities shall establish and maintain a publicly accessible register of tissue establishments specifying the activities for which they have been accredited, designated, authorised or licensed.

3.   Member States and the Commission shall establish a network linking the national tissue establishment registers.

Article 11

Notification of serious adverse events and reactions

1.   Member States shall ensure that there is a system in place to report, investigate, register and transmit information about serious adverse events and reactions which may influence the quality and safety of tissues and cells and which may be attributed to the procurement, testing, processing, storage and distribution of tissues and cells, as well as any serious adverse reaction observed during or after clinical application which may be linked to the quality and safety of tissues and cells.

2.   All persons or establishments using human tissues and cells regulated by this Directive shall report any relevant information to establishments engaged in the donation, procurement, testing, processing, storage and distribution of human tissues and cells in order to facilitate traceability and ensure quality and safety control.

3.   The responsible person referred to in Article 17 shall ensure that the competent authority or authorities is or are notified of any serious adverse events and reactions referred to in paragraph 1 and is or are provided with a report analysing the cause and the ensuing outcome.

4.   The procedure for notifying serious adverse events and reactions shall be established by the Commission in accordance with the procedure referred to in Article 29(2).

5.   Each tissue establishment shall ensure that an accurate, rapid and verifiable procedure is in place which will enable it to recall from distribution any product which may be related to an adverse event or reaction.

CHAPTER III

DONOR SELECTION AND EVALUATION

Article 12

Principles governing tissue and cell donation

1.   Member States shall endeavour to ensure voluntary and unpaid donations of tissues and cells.

Donors may receive compensation, which is strictly limited to making good the expenses and inconveniences related to the donation. In that case, Member States define the conditions under which compensation may be granted.

Member States shall report to the Commission on these measures before ... (12) and thereafter every three years. On the basis of these reports the Commission shall inform the European Parliament and the Council of any necessary further measures it intends to take at Community level.

2.   Member States shall take all necessary measures to ensure that any promotion and publicity activities in support of the donation of human tissues and cells comply with guidelines or legislative provisions laid down by the Member States. Such guidelines or legislative provisions shall include appropriate restrictions or prohibitions on advertising the need for, or availability of, human tissues and cells with a view to offering or seeking financial gain or comparable advantage.

Member States shall endeavour to ensure that the procurement of tissues and cells as such is carried out on a non-profit basis.

Article 13

Consent

The procurement of human tissues or cells shall be authorised only after all mandatory consent or authorisation requirements in force in the Member State concerned have been met.

Member States shall, in keeping with their national legislation, take all necessary measures to ensure that donors, their relatives or any persons granting authorisation on behalf of the donors are provided with all appropriate information as referred to in the Annex.

Article 14

Data protection and confidentiality

1.   Member States shall take all necessary measures to ensure that all data, including genetic information, collated within the scope of this Directive and to which third parties have access, have been rendered anonymous so that neither donors nor recipients remain identifiable.

2.   For that purpose, they shall ensure that:

| a) | data security measures are in place, as well as safeguards against any unauthorised data additions, deletions or modifications to donor files or deferral records, and transfer of information; |
| --- | --- |

a)

data security measures are in place, as well as safeguards against any unauthorised data additions, deletions or modifications to donor files or deferral records, and transfer of information;

| b) | procedures are in place to resolve data discrepancies; and |
| --- | --- |

b)

procedures are in place to resolve data discrepancies; and

| c) | no unauthorised disclosure of information occurs, whilst guaranteeing the traceability of donations. |
| --- | --- |

c)

no unauthorised disclosure of information occurs, whilst guaranteeing the traceability of donations.

3.   Member States shall take all necessary measures to ensure that the identity of the recipient(s) is not disclosed to the donor or his family and vice versa, without prejudice to legislation in force in Member States on the conditions for disclosure, notably in the case of gametes donation.

Article 15

Selection, evaluation and procurement

1.   The activities related to tissue procurement shall be carried out in such a way as to ensure that donor evaluation and selection is carried out in accordance with the requirements referred to in Article 28(d) and (e) and that the tissues and cells are procured, packaged and transported in accordance with the requirements referred to in Article 28(f).

2.   In the case of an autologous donation, the suitability criteria shall be established in accordance with the requirements referred to in Article 28(d).

3.   The results of the donor evaluation and testing procedures shall be documented and any major anomalies shall be reported in accordance with the Annex.

4.   The competent authority or authorities shall ensure that all activities related to tissue procurement are carried out in accordance with the requirements referred to in Article 28(f).

CHAPTER IV

PROVISIONS ON THE QUALITY AND SAFETY OF TISSUES AND CELLS

Article 16

Quality management

1.   Member States shall take all necessary measures to ensure that each tissue establishment puts in place and updates a quality system based on the principles of good practice.

2.   The Commission shall establish the Community standards and specifications referred to in Article 28(c) for activities relating to a quality system.

3.   Tissue establishments shall take all necessary measures to ensure that the quality system includes at least the following documentation:

| — | Standard Operating Procedures, |
| --- | --- |

—

Standard Operating Procedures,

| — | guidelines, |
| --- | --- |

—

guidelines,

| — | training and reference manuals, |
| --- | --- |

—

training and reference manuals,

| — | reporting forms, |
| --- | --- |

—

reporting forms,

| — | donor records, |
| --- | --- |

—

donor records,

| — | information on the final destination of tissues or cells. |
| --- | --- |

—

information on the final destination of tissues or cells.

4.   Tissue establishments shall take all necessary measures to ensure that this documentation is available for inspection by the competent authority or authorities.

5.   Tissue establishments shall keep the data necessary to ensure traceability in accordance with Article 8.

Article 17

Responsible person

1.   Every tissue establishment shall designate a responsible person who shall at least fulfil the following conditions and have the following qualifications:

| a) | possession of a diploma, certificate or other evidence of formal qualifications in the field of medical or biological sciences awarded on completion of a university course of study or a course recognised as equivalent by the Member State concerned; |
| --- | --- |

a)

possession of a diploma, certificate or other evidence of formal qualifications in the field of medical or biological sciences awarded on completion of a university course of study or a course recognised as equivalent by the Member State concerned;

| b) | at least two years' practical experience in the relevant fields. |
| --- | --- |

b)

at least two years' practical experience in the relevant fields.

2.   The person designated under paragraph 1 shall be responsible for:

| a) | ensuring that human tissues and cells intended for human applications in the establishment for which that person is responsible are procured, tested, processed, stored and distributed in accordance with this Directive and with the laws in force in the Member State; |
| --- | --- |

a)

ensuring that human tissues and cells intended for human applications in the establishment for which that person is responsible are procured, tested, processed, stored and distributed in accordance with this Directive and with the laws in force in the Member State;

| b) | providing information to the competent authority or authorities as required in Article 6; |
| --- | --- |

b)

providing information to the competent authority or authorities as required in Article 6;

| c) | implementing the requirements of Articles 7, 10, 11, 15, 16 and 18 to 24 within the tissue establishment. |
| --- | --- |

c)

implementing the requirements of Articles 7, 10, 11, 15, 16 and 18 to 24 within the tissue establishment.

3.   Tissue establishments shall inform the competent authority or authorities of the name of the responsible person referred to in paragraph 1. Where the responsible person is permanently or temporarily replaced, the tissue establishment shall immediately inform the competent authority of the name of the new responsible person and the date on which the duties of that person commence.

Article 18

Personnel

Personnel directly involved in activities relating to the procurement, processing, preservation, storage and distribution of tissues and cells in a tissue establishment shall be qualified to perform such tasks and shall be provided with the training referred to in Article 28(c).

Article 19

Tissue and cell reception

1.   Tissue establishments shall ensure that all donations of human tissues and cells are subjected to tests in accordance with the requirements referred to Article 28(e) and that the selection and acceptance of tissues and cells comply with the requirements referred to in Article 28(f).

2.   Tissue establishments shall ensure that human tissue and cells and associated documentation comply with the requirements referred to in Article 28(f).

3.   Tissue establishments shall verify and record the fact that the packaging of human tissue and cells received complies with the requirements referred to in Article 28(f). All tissues and cells that do not comply with those provisions shall be discarded.

4.   The acceptance or rejection of received tissues/cells shall be documented.

5.   Tissue establishments shall ensure that human tissues and cells are correctly identified at all times. Each delivery or batch of tissues or cells shall be assigned an identifying code, in accordance with Article 8.

6.   Tissue and cells shall be held in quarantine until such time as the requirements relating to donor testing and information have been met in accordance with Article 15.

Article 20

Tissue and cell processing

1.   Tissue establishments shall include in their Standard Operating Procedures all processes that affect quality and safety and shall ensure that they are carried out under controlled conditions. Tissue establishments shall ensure that the equipment used, the working environment, and process design, validation and control conditions are in compliance with the requirements referred to in Article 28(h).

2.   Any modifications to the processes used in the preparation of tissues and cells shall also meet the criteria laid down in paragraph 1.

3.   Tissue establishments shall include in their Standard Operating Procedures special provisions for the handling of tissues and cells to be discarded, in order to prevent the contamination of other tissues or cells, the processing environment, or personnel.

Article 21

Tissue and cell storage conditions

1.   Tissue establishments shall ensure that all procedures associated with the storage of tissues and cells are documented in the Standard Operating Procedures and that the storage conditions comply with the requirements referred to in Article 28(h).

2.   Tissue establishments shall ensure that all storage processes are carried out under controlled conditions.

3.   Tissue establishments shall establish and apply procedures for the control of packaging and storage areas, in order to prevent any situation arising that might adversely affect the functioning or integrity of tissues and cells.

4.   Processed tissues or cells shall not be distributed until all the requirements laid down in this Directive have been met.

5.   Member States shall ensure that tissue establishments have agreements and procedures in place to ensure that, in the event of termination of activities for whatever reason, stored tissues and cells shall be transferred, according to the consent pertaining to them, to other tissue establishment or establishments accredited, designated, authorised or licensed in accordance with Article 6, without prejudice to Member States' legislation concerning the disposal of donated tissues or cells.

Article 22

Labelling, documentation and packaging

Tissue establishments shall ensure that labelling, documentation and packaging conform to the requirements referred to in Article 28(f).

Article 23

Distribution

Tissue establishments shall ensure the quality of tissues and cells during distribution. Distribution conditions shall comply with the requirements referred to in Article 28(h).

Article 24

Relations between tissue establishments and third parties

1.   Tissue establishments shall establish written agreements with a third party each time an external activity takes place which influences the quality and safety of tissues and cells processed in cooperation with a third party, and in particular in the following circumstances:

| a) | where a tissue establishment entrusts one of the stages of tissue or cell processing to a third party; |
| --- | --- |

a)

where a tissue establishment entrusts one of the stages of tissue or cell processing to a third party;

| b) | where a third party provides goods and services that affect tissue or cell quality and safety assurance, including their distribution; |
| --- | --- |

b)

where a third party provides goods and services that affect tissue or cell quality and safety assurance, including their distribution;

| c) | where a tissue establishment provides services to a tissue establishment which is not accredited; |
| --- | --- |

c)

where a tissue establishment provides services to a tissue establishment which is not accredited;

| d) | where a tissue establishment distributes tissue or cells processed by third parties. |
| --- | --- |

d)

where a tissue establishment distributes tissue or cells processed by third parties.

2.   Tissue establishments shall evaluate and select third parties on the basis of their ability to meet the standards laid down in this Directive.

3.   Tissue establishments shall keep a complete list of the agreements referred to in paragraph 1 that they have established with third parties.

4.   Agreements between tissue establishments and third parties shall specify the responsibilities of the third parties and detailed procedures.

5.   Tissue establishments shall provide copies of agreements with third parties at the request of the competent authority or authorities.

CHAPTER V

EXCHANGE OF INFORMATION, REPORTS AND PENALTIES

Article 25

Coding of information

1.   Member States shall establish a system for the identification of human tissues and cells, in order to ensure the traceability of all human tissues and cells pursuant to Article 8.

2.   The Commission, in cooperation with the Member States, shall design a single European coding system to provide information on the main characteristics and properties of tissues and cells.

Article 26

Reports

1.   Member States shall send the Commission, before ... (13) and every three years thereafter, a report on the activities undertaken in relation to the provisions of this Directive, including an account of the measures taken in relation to inspection and control.

2.   The Commission shall transmit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions the reports submitted by the Member States on experience gained in implementing this Directive.

3.   Before ... (14) and every three years thereafter, the Commission shall transmit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the implementation of the requirements of this Directive, in particular as regards inspection and monitoring.

Article 27

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (15) and shall notify it without delay of any subsequent amendments affecting them.

CHAPTER VI

CONSULTATION OF COMMITTEES

Article 28

Technical requirements and their adaptation to scientific and technical progress

The following technical requirements and their adaptation to scientific and technical progress shall be decided in accordance with the procedure referred to in Article 29(2):

| (a) | Requirements for the accreditation, designation, authorisation or licensing of tissue establishments; |
| --- | --- |

(a)

Requirements for the accreditation, designation, authorisation or licensing of tissue establishments;

| (b) | Requirements for the procurement of human tissues and cells; |
| --- | --- |

(b)

Requirements for the procurement of human tissues and cells;

| (c) | Quality system, including training; |
| --- | --- |

(c)

Quality system, including training;

| (d) | Selection criteria for the donor of tissues and/or cells; |
| --- | --- |

(d)

Selection criteria for the donor of tissues and/or cells;

| (e) | Laboratory tests required for donors; |
| --- | --- |

(e)

Laboratory tests required for donors;

| (f) | Cell and/or tissue procurement procedures and reception at the tissue establishment; |
| --- | --- |

(f)

Cell and/or tissue procurement procedures and reception at the tissue establishment;

| (g) | Requirements for the tissue and cell preparation process; |
| --- | --- |

(g)

Requirements for the tissue and cell preparation process;

| (h) | Tissue and cell processing, storage and distribution; |
| --- | --- |

(h)

Tissue and cell processing, storage and distribution;

| (i) | Requirements for the direct distribution to the recipient of specific tissues and cells. |
| --- | --- |

(i)

Requirements for the direct distribution to the recipient of specific tissues and cells.

Article 29

Committee

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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

3.   The Committee shall adopt its rules of procedure.

Article 30

Consultation of one or more Scientific Committees

The Commission may consult the relevant Scientific Committee(s) when defining or adapting the technical requirements referred to in Article 28 to scientific and technical progress.

CHAPTER VII

FINAL PROVISIONS

Article 31

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than ... (16). 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 the Member States.

2.   Member States may decide for one year after the date laid down in the first subparagraph of paragraph 1 not to apply the requirements of this Directive to tissue establishments bound by national provisions before the entry into force of this Directive.

3.   Member States shall communicate to the Commission the texts of the provisions of national law that they have already adopted or which they adopt in the field governed by this Directive.

Article 32

Entry into force

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

Article 33

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 227 E, 24.9.2002, p. 505.

1

(2)  OJ C 85, 8.4.2003, p. 44.

2

(3)  Position of the European Parliament of 10 April 2003 (not yet published in the Official Journal), Council Common Position of 22 July 2003 (OJ C 240 E, 7.10.2003, p. 12) and Position of the European Parliament of 16 December 2003.

3

(4)  OJ L 311, 28.11.2001, p. 67. Directive as last amended by Commission Directive 2003/63/EC (OJ L 159, 27.6.2003, p. 46).

4

(5)  Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma (OJ L 313, 13.12.2000, p. 22).

5

(6)  Council Recommendation of 29 June 1998 on the suitability of blood and plasma donors and the screening of donated blood in the European Community (OJ L 203, 21.7.1998, p. 14).

6

(7)  Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage, and distribution of human blood and blood components (OJ L 33, 8.2.2003, p. 30).

7

(8)  OJ L 167, 18.7.1995, p. 19.

8

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

9

(10)  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).

10

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

11

(12)  Two years after the entry into force of this Directive.

12

(13)  Five years after the entry into force of this Directive.

13

(14)  Four years after the entry into force of this Directive.

14

(15)  Two years after the entry into force of this Directive.

15

(16)  24 months after the date of entry into force of this Directive.

16

ANNEX

INFORMATION TO BE PROVIDED ON THE DONATION OF CELLS AND/OR TISSUES

A.   LIVING DONORS

| 1. | The person in charge of the donation process shall ensure that the donor has been properly informed of at least those aspects relating to the donation and procurement process outlined in paragraph 3. Information must be given prior to the procurement. |
| --- | --- |

1.

The person in charge of the donation process shall ensure that the donor has been properly informed of at least those aspects relating to the donation and procurement process outlined in paragraph 3. Information must be given prior to the procurement.

| 2. | The information must be given by a trained person able to transmit it in an appropriate and clear manner, using terms that are easily understood by the donor. |
| --- | --- |

2.

The information must be given by a trained person able to transmit it in an appropriate and clear manner, using terms that are easily understood by the donor.

| 3. | The information must cover: the purpose and nature of the procurement, its consequences and risks, analytical tests, if they are performed, recording and protection of donor data, medical confidentiality, therapeutic purpose and potential benefits, and information on the applicable safeguards intended to protect the donor. |
| --- | --- |

3.

The information must cover: the purpose and nature of the procurement, its consequences and risks, analytical tests, if they are performed, recording and protection of donor data, medical confidentiality, therapeutic purpose and potential benefits, and information on the applicable safeguards intended to protect the donor.

| 4. | The donor must be informed that he has the right to receive the confirmed results of any analytical tests clearly explained. |
| --- | --- |

4.

The donor must be informed that he has the right to receive the confirmed results of any analytical tests clearly explained.

| 5. | Information must be given on the necessity for requiring the applicable mandatory consent, certification, and authorisation in order that the tissue and/or cell procurement can be carried out. |
| --- | --- |

5.

Information must be given on the necessity for requiring the applicable mandatory consent, certification, and authorisation in order that the tissue and/or cell procurement can be carried out.

B.   DECEASED DONORS

| 1. | All information must be given and all necessary consents and authorisations must be obtained in accordance with the legislation in force in Member States. |
| --- | --- |

1.

All information must be given and all necessary consents and authorisations must be obtained in accordance with the legislation in force in Member States.

| 2. | The confirmed results of the donor's evaluation must be communicated, and clearly explained to the relevant persons in accordance with the legislation in Member States. |
| --- | --- |

2.

The confirmed results of the donor's evaluation must be communicated, and clearly explained to the relevant persons in accordance with the legislation in Member States.

P5_TA(2003)0571

Takeover bids ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on takeover bids (COM(2002) 534 — C5-0481/2002 — 2002/0240(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 534) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 534) (1),

| — | having regard to Article 251(2) and Article 44(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0481/2002), |
| --- | --- |

—

having regard to Article 251(2) and Article 44(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0481/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs and the Committee on Industry, External Trade, Research and Energy (A5-0469/2003), |
| --- | --- |

—

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 Employment and Social Affairs and the Committee on Industry, External Trade, Research and Energy (A5-0469/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  OJ C 45 E, 25.2.2003, p. 1.

P5_TC1-COD(2002)0240

Position of the European Parliament adopted at first reading on 16 December 2003 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on takeover bids

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 44(1) thereof,

Having regard to the proposal from the Commission (1),

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

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

Whereas:

| (1) | In accordance with Article 44(2)(g) of the Treaty, it is necessary to coordinate certain safeguards which, for the protection of the interests of members and others, Member States require of companies governed by the law of a Member State the securities of which are admitted to trading on a regulated market in a Member State, with a view to making such safeguards equivalent throughout the Community. |
| --- | --- |

(1)

In accordance with Article 44(2)(g) of the Treaty, it is necessary to coordinate certain safeguards which, for the protection of the interests of members and others, Member States require of companies governed by the law of a Member State the securities of which are admitted to trading on a regulated market in a Member State, with a view to making such safeguards equivalent throughout the Community.

| (2) | It is necessary to protect the interests of holders of the securities of companies governed by the law of a Member State when those companies are the subject of takeover bids or of changes of control and at least some of their securities are admitted to trading on a regulated market in a Member State. |
| --- | --- |

(2)

It is necessary to protect the interests of holders of the securities of companies governed by the law of a Member State when those companies are the subject of takeover bids or of changes of control and at least some of their securities are admitted to trading on a regulated market in a Member State.

| (3) | It is necessary to create Community-wide clarity and transparency in respect of legal issues to be settled in the event of takeover bids and to prevent patterns of corporate restructuring within the Community from being distorted by arbitrary differences in governance and management cultures. |
| --- | --- |

(3)

It is necessary to create Community-wide clarity and transparency in respect of legal issues to be settled in the event of takeover bids and to prevent patterns of corporate restructuring within the Community from being distorted by arbitrary differences in governance and management cultures.

| (4) | In view of the public-interest purposes served by the central banks of the Member States, it seems inconceivable that they should be the targets of takeover bids. Since, for historical reasons, the securities of some of those central banks are listed on regulated markets in Member States, it is necessary to exclude them explicitly from the scope of this Directive. |
| --- | --- |

(4)

In view of the public-interest purposes served by the central banks of the Member States, it seems inconceivable that they should be the targets of takeover bids. Since, for historical reasons, the securities of some of those central banks are listed on regulated markets in Member States, it is necessary to exclude them explicitly from the scope of this Directive.

| (5) | Each Member State should designate an authority or authorities to supervise those aspects of bids that are governed by this Directive and to ensure that parties to takeover bids comply with the rules made pursuant to this Directive. All those authorities should cooperate with one another. |
| --- | --- |

(5)

Each Member State should designate an authority or authorities to supervise those aspects of bids that are governed by this Directive and to ensure that parties to takeover bids comply with the rules made pursuant to this Directive. All those authorities should cooperate with one another.

| (6) | In order to be effective, takeover regulation should be flexible and capable of dealing with new circumstances as they arise and should accordingly provide for the possibility of exceptions and derogations. However, in applying any rules or exceptions laid down or in granting any derogations, supervisory authorities should respect certain general principles. |
| --- | --- |

(6)

In order to be effective, takeover regulation should be flexible and capable of dealing with new circumstances as they arise and should accordingly provide for the possibility of exceptions and derogations. However, in applying any rules or exceptions laid down or in granting any derogations, supervisory authorities should respect certain general principles.

| (7) | Self-regulatory bodies should be able to exercise supervision. |
| --- | --- |

(7)

Self-regulatory bodies should be able to exercise supervision.

| (8) | In accordance with general principles of Community law, and in particular the right to a fair hearing, decisions of a supervisory authority should in appropriate circumstances be susceptible to review by an independent court or tribunal. However, Member States should be left to determine whether rights are to be made available which may be asserted in administrative or judicial proceedings, either in proceedings against a supervisory authority or in proceedings between parties to a bid. |
| --- | --- |

(8)

In accordance with general principles of Community law, and in particular the right to a fair hearing, decisions of a supervisory authority should in appropriate circumstances be susceptible to review by an independent court or tribunal. However, Member States should be left to determine whether rights are to be made available which may be asserted in administrative or judicial proceedings, either in proceedings against a supervisory authority or in proceedings between parties to a bid.

| (9) | Member States should take the necessary steps to protect the holders of securities, in particular those with minority holdings, when control of their companies has been acquired. The Member States should ensure such protection by obliging the person who has acquired control of a company to make an offer to all the holders of that company's securities for all of their holdings at an equitable price in accordance with a common definition. Member States should be free to establish further instruments for the protection of the interests of the holders of securities, such as the obligation to make a partial bid where the offeror does not acquire control of the company or the obligation to announce a bid at the same time as control of the company is acquired. |
| --- | --- |

(9)

Member States should take the necessary steps to protect the holders of securities, in particular those with minority holdings, when control of their companies has been acquired. The Member States should ensure such protection by obliging the person who has acquired control of a company to make an offer to all the holders of that company's securities for all of their holdings at an equitable price in accordance with a common definition. Member States should be free to establish further instruments for the protection of the interests of the holders of securities, such as the obligation to make a partial bid where the offeror does not acquire control of the company or the obligation to announce a bid at the same time as control of the company is acquired.

| (10) | The obligation to make a bid to all the holders of securities should not apply to those controlling holdings already in existence on the date on which the national legislation transposing this Directive enters into force. |
| --- | --- |

(10)

The obligation to make a bid to all the holders of securities should not apply to those controlling holdings already in existence on the date on which the national legislation transposing this Directive enters into force.

| (11) | The obligation to launch a bid should not apply in the case of the acquisition of securities which do not carry the right to vote at ordinary general meetings of shareholders. Member States should, however, be able to provide that the obligation to make a bid to all the holders of securities relates not only to securities carrying voting rights but also to securities which carry voting rights only in specific circumstances or which do not carry voting rights. |
| --- | --- |

(11)

The obligation to launch a bid should not apply in the case of the acquisition of securities which do not carry the right to vote at ordinary general meetings of shareholders. Member States should, however, be able to provide that the obligation to make a bid to all the holders of securities relates not only to securities carrying voting rights but also to securities which carry voting rights only in specific circumstances or which do not carry voting rights.

| (12) | To reduce the scope for insider dealing, an offeror should be required to announce his decision to launch a bid as soon as possible and to inform the supervisory authority of the bid. |
| --- | --- |

(12)

To reduce the scope for insider dealing, an offeror should be required to announce his decision to launch a bid as soon as possible and to inform the supervisory authority of the bid.

| (13) | The holders of securities should be properly informed of the terms of a bid by means of an offer document. Appropriate information should also be given to the representatives of the company's employees or, failing that, to the employees directly. |
| --- | --- |

(13)

The holders of securities should be properly informed of the terms of a bid by means of an offer document. Appropriate information should also be given to the representatives of the company's employees or, failing that, to the employees directly.

| (14) | The time allowed for the acceptance of a bid should be regulated. |
| --- | --- |

(14)

The time allowed for the acceptance of a bid should be regulated.

| (15) | To be able to perform their functions satisfactorily, supervisory authorities should at all times be able to require the parties to a bid to provide information concerning themselves and should cooperate and supply information in an efficient and effective manner without delay to other authorities supervising capital markets. |
| --- | --- |

(15)

To be able to perform their functions satisfactorily, supervisory authorities should at all times be able to require the parties to a bid to provide information concerning themselves and should cooperate and supply information in an efficient and effective manner without delay to other authorities supervising capital markets.

| (16) | In order to prevent operations which could frustrate a bid, the powers of the board of an offeree company to engage in operations of an exceptional nature should be limited without unduly hindering the offeree company in carrying on its normal business activities. |
| --- | --- |

(16)

In order to prevent operations which could frustrate a bid, the powers of the board of an offeree company to engage in operations of an exceptional nature should be limited without unduly hindering the offeree company in carrying on its normal business activities.

| (17) | The board of an offeree company should be required to make public a document setting out its opinion of the bid and the reasons on which that opinion is based, including its views on the effects of implementation on all the company's interests and specifically on employment. |
| --- | --- |

(17)

The board of an offeree company should be required to make public a document setting out its opinion of the bid and the reasons on which that opinion is based, including its views on the effects of implementation on all the company's interests and specifically on employment.

| (18) | In order to reinforce the effectiveness of existing provisions concerning the freedom to deal in the securities of companies covered by this Directive and the freedom to exercise voting rights, it is essential that the defensive structures and mechanisms envisaged by such companies be transparent and that they be regularly presented in reports to general meetings of shareholders. |
| --- | --- |

(18)

In order to reinforce the effectiveness of existing provisions concerning the freedom to deal in the securities of companies covered by this Directive and the freedom to exercise voting rights, it is essential that the defensive structures and mechanisms envisaged by such companies be transparent and that they be regularly presented in reports to general meetings of shareholders.

| (19) | Member States should take the necessary measures to afford any offeror the possibility of acquiring majority interests in other companies and of fully exercising control of them. To that end, restrictions on the transfer of securities, restrictions on voting rights, extraordinary appointment rights and multiple voting rights should be removed or suspended during the time allowed for the acceptance of a bid and when the general meeting of shareholders decides on defensive measures, on amendments to the articles of association or on the removal or appointment of board members at the first general meeting of shareholders following closure of the bid. Where the holders of securities have suffered losses as a result of the removal of rights, equitable compensation should be provided for in accordance with the technical arrangements laid down by Member States. |
| --- | --- |

(19)

Member States should take the necessary measures to afford any offeror the possibility of acquiring majority interests in other companies and of fully exercising control of them. To that end, restrictions on the transfer of securities, restrictions on voting rights, extraordinary appointment rights and multiple voting rights should be removed or suspended during the time allowed for the acceptance of a bid and when the general meeting of shareholders decides on defensive measures, on amendments to the articles of association or on the removal or appointment of board members at the first general meeting of shareholders following closure of the bid. Where the holders of securities have suffered losses as a result of the removal of rights, equitable compensation should be provided for in accordance with the technical arrangements laid down by Member States.

| (20) | All special rights held by Member States in companies should be viewed in the framework of the free movement of capital and the relevant provisions of the Treaty. Special rights held by Member States in companies which are provided for in private or public national law should be exempted from the ‘breakthrough’ rule if they are compatible with the Treaty. |
| --- | --- |

(20)

All special rights held by Member States in companies should be viewed in the framework of the free movement of capital and the relevant provisions of the Treaty. Special rights held by Member States in companies which are provided for in private or public national law should be exempted from the ‘breakthrough’ rule if they are compatible with the Treaty.

| (21) | Taking into account existing differences in Member States' company law mechanisms and structures, Member States should be allowed not to require companies established within their territories to apply the provisions of this Directive limiting the powers of the board of an offeree company during the time allowed for the acceptance of a bid and those rendering ineffective barriers provided for in the articles of association or in specific agreements. In that event Member States should at least allow companies established within their territories to make the choice, which must be reversible, to apply those provisions. Without prejudice to international agreements to which the European Community is a Party, Member States should be allowed not to require companies which apply those provisions in accordance with the optional arrangements to apply them when they become the subject of offers launched by companies which do not apply the same provisions as a consequence of the use of those optional arrangements. |
| --- | --- |

(21)

Taking into account existing differences in Member States' company law mechanisms and structures, Member States should be allowed not to require companies established within their territories to apply the provisions of this Directive limiting the powers of the board of an offeree company during the time allowed for the acceptance of a bid and those rendering ineffective barriers provided for in the articles of association or in specific agreements. In that event Member States should at least allow companies established within their territories to make the choice, which must be reversible, to apply those provisions. Without prejudice to international agreements to which the European Community is a Party, Member States should be allowed not to require companies which apply those provisions in accordance with the optional arrangements to apply them when they become the subject of offers launched by companies which do not apply the same provisions as a consequence of the use of those optional arrangements.

| (22) | Member States should lay down rules to cover the possibility of a bid's lapsing, the offeror's right to revise his bid, the possibility of competing bids for a company's securities, the disclosure of the result of a bid, the irrevocability of a bid and the conditions permitted. |
| --- | --- |

(22)

Member States should lay down rules to cover the possibility of a bid's lapsing, the offeror's right to revise his bid, the possibility of competing bids for a company's securities, the disclosure of the result of a bid, the irrevocability of a bid and the conditions permitted.

| (23) | The disclosure of information to and the consultation of representatives of the employees of the offeror and the offeree company should be governed by the relevant national provisions, in particular those adopted pursuant to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (4), Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (5), Council Directive 2001/86/EC of 8 October 2001 supplementing the statute for a European Company with regard to the involvement of employees (6) and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (7). The employees of the companies concerned, or their representatives, should nevertheless be given an opportunity of stating their views on the foreseeable effects of the bid on employment. Without prejudice to the rules of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (8), Member States may always apply or introduce national provisions concerning the disclosure of information to and the consultation of representatives of the employees of the offeror before an offer is launched. |
| --- | --- |

(23)

The disclosure of information to and the consultation of representatives of the employees of the offeror and the offeree company should be governed by the relevant national provisions, in particular those adopted pursuant to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (4), Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (5), Council Directive 2001/86/EC of 8 October 2001 supplementing the statute for a European Company with regard to the involvement of employees (6) and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (7). The employees of the companies concerned, or their representatives, should nevertheless be given an opportunity of stating their views on the foreseeable effects of the bid on employment. Without prejudice to the rules of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (8), Member States may always apply or introduce national provisions concerning the disclosure of information to and the consultation of representatives of the employees of the offeror before an offer is launched.

| (24) | Member States should take the necessary measures to enable an offeror who, following a takeover bid, has acquired a certain percentage of a company's capital carrying voting rights to require the holders of the remaining securities to sell him their securities. Likewise, where, following a takeover bid, an offeror has acquired a certain percentage of a company's capital carrying voting rights, the holders of the remaining securities should be able to require him to buy their securities. These squeeze-out and sell-out procedures should apply only under specific conditions linked to takeover bids. Member States may continue to apply national rules to squeeze-out and sell-out procedures in other circumstances. |
| --- | --- |

(24)

Member States should take the necessary measures to enable an offeror who, following a takeover bid, has acquired a certain percentage of a company's capital carrying voting rights to require the holders of the remaining securities to sell him their securities. Likewise, where, following a takeover bid, an offeror has acquired a certain percentage of a company's capital carrying voting rights, the holders of the remaining securities should be able to require him to buy their securities. These squeeze-out and sell-out procedures should apply only under specific conditions linked to takeover bids. Member States may continue to apply national rules to squeeze-out and sell-out procedures in other circumstances.

| (25) | Since the objectives of the action envisaged, namely to establish minimum guidelines for the conduct of takeover bids and ensure an adequate level of protection for holders of securities throughout the Community, cannot be sufficiently achieved by the Member States because of the need for transparency and legal certainty in the case of cross-border takeovers and acquisitions of control, and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(25)

Since the objectives of the action envisaged, namely to establish minimum guidelines for the conduct of takeover bids and ensure an adequate level of protection for holders of securities throughout the Community, cannot be sufficiently achieved by the Member States because of the need for transparency and legal certainty in the case of cross-border takeovers and acquisitions of control, and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

| (26) | The adoption of a Directive is the appropriate procedure for the establishment of a framework consisting of certain common principles and a limited number of general requirements which Member States are to implement through more detailed rules in accordance with their national systems and their cultural contexts. |
| --- | --- |

(26)

The adoption of a Directive is the appropriate procedure for the establishment of a framework consisting of certain common principles and a limited number of general requirements which Member States are to implement through more detailed rules in accordance with their national systems and their cultural contexts.

| (27) | Member States should, however, provide for sanctions for any infringement of the national measures transposing this Directive. |
| --- | --- |

(27)

Member States should, however, provide for sanctions for any infringement of the national measures transposing this Directive.

| (28) | Technical guidance and implementing measures for the rules laid down in this Directive may from time to time be necessary, to take account of new developments on financial markets. For certain provisions, the Commission should accordingly be empowered to adopt implementing measures, provided that these do not modify the essential elements of this Directive and the Commission acts in accordance with the principles set out in this Directive, after consulting the European Securities Committee established by Commission Decision 2001/528/EC (9). The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10) and with due regard to the declaration made by the Commission in the European Parliament on 5 February 2002 concerning the implementation of financial services legislation. For the other provisions, it is important to entrust a contact committee with the task of assisting Member States and the supervisory authorities in the implementation of this Directive and of advising the Commission, if necessary, on additions or amendments to this Directive. In so doing the contact committee may make use of the information which Member States are to provide on the basis of this Directive concerning takeover bids that have taken place on their regulated markets. |
| --- | --- |

(28)

Technical guidance and implementing measures for the rules laid down in this Directive may from time to time be necessary, to take account of new developments on financial markets. For certain provisions, the Commission should accordingly be empowered to adopt implementing measures, provided that these do not modify the essential elements of this Directive and the Commission acts in accordance with the principles set out in this Directive, after consulting the European Securities Committee established by Commission Decision 2001/528/EC (9). The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10) and with due regard to the declaration made by the Commission in the European Parliament on 5 February 2002 concerning the implementation of financial services legislation. For the other provisions, it is important to entrust a contact committee with the task of assisting Member States and the supervisory authorities in the implementation of this Directive and of advising the Commission, if necessary, on additions or amendments to this Directive. In so doing the contact committee may make use of the information which Member States are to provide on the basis of this Directive concerning takeover bids that have taken place on their regulated markets.

| (29) | The Commission should facilitate movement towards the fair and balanced harmonisation of rules on takeovers in the European Union. To that end the Commission should be able to submit proposals for the timely revision of this Directive, |
| --- | --- |

(29)

The Commission should facilitate movement towards the fair and balanced harmonisation of rules on takeovers in the European Union. To that end the Commission should be able to submit proposals for the timely revision of this Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

1.   This Directive lays down measures coordinating the laws, regulations, administrative provisions, codes of practice and other arrangements of the Member States, including arrangements established by organisations officially authorised to regulate the markets (hereinafter referred to as ‘rules’), relating to takeover bids for the securities of companies governed by the laws of Member States, where all or some of those securities are admitted to trading on a regulated market within the meaning of Directive 93/22/EEC (11) in one or more Member States (hereinafter referred to as a ‘regulated market’).

2.   This Directive shall not apply to takeover bids for securities issued by companies the object of which is the collective investment of capital provided by the public, which operate on the principle of risk spreading and the units of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of the assets of those companies. Action taken by such companies to ensure that the stock exchange value of their units does not vary significantly from their net asset value shall be regarded as equivalent to such repurchase or redemption.

3.   This Directive shall not apply to takeover bids for securities issued by the Member States' central banks.

Article 2

Definitions

1.   For the purposes of this Directive:

| a) | ‘takeover bid’ or ‘bid’ shall mean a public offer (other than by the offeree company itself) made to the holders of the securities of a company to acquire all or some of those securities, whether mandatory or voluntary, which follows or has as its objective the acquisition of control of the offeree company in accordance with national law; |
| --- | --- |

a)

‘takeover bid’ or ‘bid’ shall mean a public offer (other than by the offeree company itself) made to the holders of the securities of a company to acquire all or some of those securities, whether mandatory or voluntary, which follows or has as its objective the acquisition of control of the offeree company in accordance with national law;

| b) | ‘offeree company’ shall mean a company the securities of which are the subject of a bid; |
| --- | --- |

b)

‘offeree company’ shall mean a company the securities of which are the subject of a bid;

| c) | ‘offeror’ shall mean any natural or legal person governed by public or private law making a bid; |
| --- | --- |

c)

‘offeror’ shall mean any natural or legal person governed by public or private law making a bid;

| d) | ‘persons acting in concert’ shall mean natural or legal persons who cooperate with the offeror or the offeree company on the basis of an agreement, either express or tacit, either oral or written, aimed either at acquiring control of the offeree company or at frustrating the successful outcome of a bid; |
| --- | --- |

d)

‘persons acting in concert’ shall mean natural or legal persons who cooperate with the offeror or the offeree company on the basis of an agreement, either express or tacit, either oral or written, aimed either at acquiring control of the offeree company or at frustrating the successful outcome of a bid;

| e) | ‘securities’ shall mean transferable securities carrying voting rights in a company; |
| --- | --- |

e)

‘securities’ shall mean transferable securities carrying voting rights in a company;

| f) | ‘parties to the bid’ shall mean the offeror, the members of the offeror's board if the offeror is a company, the offeree company, holders of securities of the offeree company and the members of the board of the offeree company, and persons acting in concert with such parties. |
| --- | --- |

f)

‘parties to the bid’ shall mean the offeror, the members of the offeror's board if the offeror is a company, the offeree company, holders of securities of the offeree company and the members of the board of the offeree company, and persons acting in concert with such parties.

| g) | ‘multiple-vote securities’ shall mean securities included in a distinct and separate class and carrying more than one vote each. |
| --- | --- |

g)

‘multiple-vote securities’ shall mean securities included in a distinct and separate class and carrying more than one vote each.

2.   For the purposes of paragraph 1(d), persons controlled by another person within the meaning of Article 87 of Directive 2001/34/EC (12) shall be deemed to be persons acting in concert with that other person and with each other.

Article 3

General principles

1.   For the purpose of implementing this Directive, Member States shall ensure that the following principles are complied with:

| a) | all holders of the securities of an offeree company of the same class must be afforded equivalent treatment; moreover, if a person acquires control of a company, the other holders of securities must be protected; |
| --- | --- |

a)

all holders of the securities of an offeree company of the same class must be afforded equivalent treatment; moreover, if a person acquires control of a company, the other holders of securities must be protected;

| b) | the holders of the securities of an offeree company must have sufficient time and information to enable them to reach a properly informed decision on the bid; where it advises the holders of securities, the board of the offeree company must give its views on the effects of implementation of the bid on employment, conditions of employment and the locations of the company's places of business; |
| --- | --- |

b)

the holders of the securities of an offeree company must have sufficient time and information to enable them to reach a properly informed decision on the bid; where it advises the holders of securities, the board of the offeree company must give its views on the effects of implementation of the bid on employment, conditions of employment and the locations of the company's places of business;

| c) | the board of an offeree company must act in the interests of the company as a whole and must not deny the holders of securities the opportunity to decide on the merits of the bid; |
| --- | --- |

c)

the board of an offeree company must act in the interests of the company as a whole and must not deny the holders of securities the opportunity to decide on the merits of the bid;

| d) | false markets must not be created in the securities of the offeree company, of the offeror company or of any other company concerned by the bid in such a way that the rise or fall of the prices of the securities becomes artificial and the normal functioning of the markets is distorted; |
| --- | --- |

d)

false markets must not be created in the securities of the offeree company, of the offeror company or of any other company concerned by the bid in such a way that the rise or fall of the prices of the securities becomes artificial and the normal functioning of the markets is distorted;

| e) | an offeror must announce a bid only after ensuring that he can fulfil in full any cash consideration, if such is offered, and after taking all reasonable measures to secure the implementation of any other type of consideration; |
| --- | --- |

e)

an offeror must announce a bid only after ensuring that he can fulfil in full any cash consideration, if such is offered, and after taking all reasonable measures to secure the implementation of any other type of consideration;

| f) | an offeree company must not be hindered in the conduct of its affairs for longer than is reasonable by a bid for its securities. |
| --- | --- |

f)

an offeree company must not be hindered in the conduct of its affairs for longer than is reasonable by a bid for its securities.

2.   With a view to ensuring compliance with the principles laid down in paragraph 1, Member States:

| a) | shall ensure that the minimum requirements set out in this Directive are observed; |
| --- | --- |

a)

shall ensure that the minimum requirements set out in this Directive are observed;

| b) | may lay down additional conditions and provisions more stringent than those of this Directive for the regulation of bids. |
| --- | --- |

b)

may lay down additional conditions and provisions more stringent than those of this Directive for the regulation of bids.

Article 4

Supervisory authority and applicable law

1.   Member States shall designate the authority or authorities competent to supervise bids for the purposes of the rules which they make or introduce pursuant to this Directive. The authorities thus designated shall be either public authorities, associations or private bodies recognised by national law or by public authorities expressly empowered for that purpose by national law. Member States shall inform the Commission of those designations, specifying any divisions of functions that may be made. They shall ensure that those authorities exercise their functions impartially and independently of all parties to a bid.

| 2. | (a) | The authority competent to supervise a bid shall be that of the Member State in which the offeree company has its registered office if that company's securities are admitted to trading on a regulated market in that Member State. |
| --- | --- | --- |
| (b) | If the offeree company's securities are not admitted to trading on a regulated market in the Member State in which the company has its registered office, the authority competent to supervise the bid shall be that of the Member State on the regulated market of which the company's securities are admitted to trading.
  If the offeree company's securities are admitted to trading on regulated markets in more than one Member State, the authority competent to supervise the bid shall be that of the Member State on the regulated market of which the securities were first admitted to trading. |
| (c) | If the offeree company's securities were first admitted to trading on regulated markets in more than one Member State simultaneously, the offeree company shall determine which of the supervisory authorities of those Member States shall be the authority competent to supervise the bid by notifying those regulated markets and their supervisory authorities on the first day of trading.
  If the offeree company's securities have already been admitted to trading on regulated markets in more than one Member State on the date laid down in Article 21(1) and were admitted simultaneously, the supervisory authorities of those Member States shall agree which one of them shall be the authority competent to supervise the bid within four weeks of the date laid down in Article 21(1). Otherwise, the offeree company shall determine which of those authorities shall be the competent authority on the first day of trading following that four week period. |
| (d) | Member States shall ensure that the decisions referred to in (c) are made public. |
| (e) | In the cases referred to in (b) and (c), matters relating to the consideration offered in the case of a bid, in particular the price, and matters relating to the bid procedure, in particular the information on the offeror's decision to make a bid, the contents of the offer document and the disclosure of the bid, shall be dealt with in accordance with the rules of the Member State of the competent authority. In matters relating to the information to be provided to the employees of the offeree company and in matters relating to company law, in particular the percentage of voting rights which confers control and any derogation from the obligation to launch a bid, as well as the conditions under which the board of the offeree company may undertake any action which might result in the frustration of the bid, the applicable rules and the competent authority shall be those of the Member State in which the offeree company has its registered office. |

2.

(a)

The authority competent to supervise a bid shall be that of the Member State in which the offeree company has its registered office if that company's securities are admitted to trading on a regulated market in that Member State.

(b)

If the offeree company's securities are not admitted to trading on a regulated market in the Member State in which the company has its registered office, the authority competent to supervise the bid shall be that of the Member State on the regulated market of which the company's securities are admitted to trading.

If the offeree company's securities are admitted to trading on regulated markets in more than one Member State, the authority competent to supervise the bid shall be that of the Member State on the regulated market of which the securities were first admitted to trading.

(c)

If the offeree company's securities were first admitted to trading on regulated markets in more than one Member State simultaneously, the offeree company shall determine which of the supervisory authorities of those Member States shall be the authority competent to supervise the bid by notifying those regulated markets and their supervisory authorities on the first day of trading.

If the offeree company's securities have already been admitted to trading on regulated markets in more than one Member State on the date laid down in Article 21(1) and were admitted simultaneously, the supervisory authorities of those Member States shall agree which one of them shall be the authority competent to supervise the bid within four weeks of the date laid down in Article 21(1). Otherwise, the offeree company shall determine which of those authorities shall be the competent authority on the first day of trading following that four week period.

(d)

Member States shall ensure that the decisions referred to in (c) are made public.

(e)

In the cases referred to in (b) and (c), matters relating to the consideration offered in the case of a bid, in particular the price, and matters relating to the bid procedure, in particular the information on the offeror's decision to make a bid, the contents of the offer document and the disclosure of the bid, shall be dealt with in accordance with the rules of the Member State of the competent authority. In matters relating to the information to be provided to the employees of the offeree company and in matters relating to company law, in particular the percentage of voting rights which confers control and any derogation from the obligation to launch a bid, as well as the conditions under which the board of the offeree company may undertake any action which might result in the frustration of the bid, the applicable rules and the competent authority shall be those of the Member State in which the offeree company has its registered office.

3.   Member States shall ensure that all persons employed or formerly employed by their supervisory authorities are bound by professional secrecy. No information covered by professional secrecy may be divulged to any person or authority except under provisions laid down by law.

4.   The supervisory authorities of the Member States for the purposes of this Directive and other authorities supervising capital markets, in particular in accordance with Directive 93/22/EEC, Directive 2001/34/EC, Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (13) and Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (14) shall cooperate and supply each other with information wherever necessary for the application of the rules drawn up in accordance with this Directive and in particular in cases covered by paragraph 2(b), (c) and (e). Information thus exchanged shall be covered by the obligation of professional secrecy to which persons employed or formerly employed by the supervisory authorities receiving the information are subject. Cooperation shall include the ability to serve the legal documents necessary to enforce measures taken by the competent authorities in connection with bids, as well as such other assistance as may reasonably be requested by the supervisory authorities concerned for the purpose of investigating any actual or alleged breaches of the rules made or introduced pursuant to this Directive.

5.   The supervisory authorities shall be vested with all the powers necessary for the purpose of carrying out their duties, including that of ensuring that the parties to a bid comply with the rules made or introduced pursuant to this Directive.

Provided that the general principles laid down in Article 3(1) are respected, Member States may provide in the rules that they make or introduce pursuant to this Directive for derogations from those rules:

| i) | by including such derogations in their national rules, in order to take account of circumstances determined at national level and/or |
| --- | --- |

i)

by including such derogations in their national rules, in order to take account of circumstances determined at national level and/or

| ii) | by granting their supervisory authorities, where they are competent, powers to waive such national rules, to take account of the circumstances referred to in (i) or in other specific circumstances, in which case a reasoned decision must be required. |
| --- | --- |

ii)

by granting their supervisory authorities, where they are competent, powers to waive such national rules, to take account of the circumstances referred to in (i) or in other specific circumstances, in which case a reasoned decision must be required.

6.   This Directive shall not affect the power of the Member States to designate judicial or other authorities responsible for dealing with disputes and for deciding on irregularities committed in the course of bids or the power of Member States to regulate whether and under which circumstances parties to a bid are entitled to bring administrative or judicial proceedings. In particular, this Directive shall not affect the power which courts may have in a Member State to decline to hear legal proceedings and to decide whether or not such proceedings affect the outcome of a bid. This Directive shall not affect the power of the Member States to determine the legal position concerning the liability of supervisory authorities or concerning litigation between the parties to a bid.

Article 5

Protection of minority shareholders, the mandatory bid and the equitable price

1.   Where a natural or legal person, as a result of his own acquisition or the acquisition by persons acting in concert with him, holds securities of a company as referred to in Article 1(1) which, added to any existing holdings of those securities of his and the holdings of those securities of persons acting in concert with him, directly or indirectly give him a specified percentage of voting rights in that company, giving him control of that company, Member States shall ensure that such a person is required to make a bid as a means of protecting the minority shareholders of that company. Such a bid shall be addressed at the earliest opportunity to all the holders of those securities for all their holdings at the equitable price as defined in paragraph 4.

2.   Where control has been acquired following a voluntary bid made in accordance with this Directive to all the holders of securities for all their holdings, the obligation laid down in paragraph 1 to launch a bid shall no longer apply.

3.   The percentage of voting rights which confers control for the purposes of paragraph 1 and the method of its calculation shall be determined by the rules of the Member State in which the company has its registered office.

4.   The highest price paid for the same securities by the offeror, or by persons acting in concert with him, over a period, to be determined by Member States, of not less than six months and not more than twelve before the bid referred to in paragraph 1 shall be regarded as the equitable price. If, after the bid has been made public and before the offer closes for acceptance, the offeror or any person acting in concert with him purchases securities at a price higher than the offer price, the offeror shall increase his offer so that it is not less than the highest price paid for the securities so acquired.

Provided that the general principles laid down Article 3(1) are respected, Member States may authorise their supervisory authorities to adjust the price referred to in the first subparagraph in circumstances and in accordance with criteria that are clearly determined. To that end, they may draw up a list of circumstances in which the highest price may be adjusted either upwards or downwards, for example where the highest price was set by agreement between the purchaser and a seller, where the market prices of the securities in question have been manipulated, where market prices in general or certain market prices in particular have been affected by exceptional occurrences, or in order to enable a firm in difficulty to be rescued. They may also determine the criteria to be applied in such cases, for example the average market value over a particular period, the break-up value of the company or other objective valuation criteria generally used in financial analysis.

Any decision by a supervisory authority to adjust the equitable price shall be substantiated and made public.

5.   By way of consideration the offeror may offer securities, cash or a combination of both.

However, where the consideration offered by the offeror does not consist of liquid securities admitted to trading on a regulated market, it shall include a cash alternative.

In any event, the offeror shall offer a cash consideration at least as an alternative where he or persons acting in concert with him, over a period beginning at the same time as the period determined by the Member State in accordance with paragraph 4 and ending when the offer closes for acceptance, has purchased for cash securities carrying 5 % or more of the voting rights in the offeree company.

Member States may provide that a cash consideration must be offered, at least as an alternative, in all cases.

6.   In addition to the protection provided for in paragraph 1, Member States may provide for further instruments intended to protect the interests of the holders of securities insofar as those instruments do not hinder the normal course of a bid.

Article 6

Information concerning bids

1.   Member States shall ensure that a decision to make a bid is made public without delay and that the supervisory authority is informed of the bid. They may require that the supervisory authority must be informed before such a decision is made public. As soon as the bid has been made public, the boards of the offeree company and of the offeror shall inform the representatives of their respective employees or, where there are no such representatives, the employees themselves.

2.   Member States shall ensure that an offeror is required to draw up and make public in good time an offer document containing the information necessary to enable the holders of the offeree company's securities to reach a properly informed decision on the bid. Before the offer document is made public, the offeror shall communicate it to the supervisory authority. When it is made public, the boards of the offeree company and of the offeror shall communicate it to the representatives of their respective employees or, where there are no such representatives, to the employees themselves.

Where the offer document referred to in the first subparagraph is subject to the prior approval of the supervisory authority and has been approved, it shall be recognised, subject to any translation required, in any other Member State on the market of which the offeree company's securities are admitted to trading, without its being necessary to obtain the approval of the supervisory authorities of that Member State. Those authorities may require the inclusion of additional information in the offer document only if such information is specific to the market of a Member State or Member States on which the offeree company's securities are admitted to trading and relates to the formalities to be complied with to accept the bid and to receive the consideration due at the close of the bid as well as to the tax arrangements to which the consideration offered to the holders of the securities will be subject.

3.   The offer document referred to in paragraph 2 shall state at least:

| a) | the terms of the bid; |
| --- | --- |

a)

the terms of the bid;

| b) | the identity of the offeror and, where the offeror is a company, the type, name and registered office of that company; |
| --- | --- |

b)

the identity of the offeror and, where the offeror is a company, the type, name and registered office of that company;

| c) | the securities or, where appropriate, the class or classes of securities for which the bid is made; |
| --- | --- |

c)

the securities or, where appropriate, the class or classes of securities for which the bid is made;

| d) | the consideration offered for each security or class of securities and, in the case of a mandatory bid, the method employed in determining it, with particulars of the way in which that consideration is to be paid; |
| --- | --- |

d)

the consideration offered for each security or class of securities and, in the case of a mandatory bid, the method employed in determining it, with particulars of the way in which that consideration is to be paid;

| e) | the compensation offered for the rights which might be removed as a result of the breakthrough rule laid down in Article 11(4), with particulars of the way in which that compensation is to be paid and the method employed in determining it; |
| --- | --- |

e)

the compensation offered for the rights which might be removed as a result of the breakthrough rule laid down in Article 11(4), with particulars of the way in which that compensation is to be paid and the method employed in determining it;

| f) | the maximum and minimum percentages or quantities of securities which the offeror undertakes to acquire; |
| --- | --- |

f)

the maximum and minimum percentages or quantities of securities which the offeror undertakes to acquire;

| g) | details of any existing holdings of the offeror, and of persons acting in concert with him, in the offeree company; |
| --- | --- |

g)

details of any existing holdings of the offeror, and of persons acting in concert with him, in the offeree company;

| h) | all the conditions to which the bid is subject; |
| --- | --- |

h)

all the conditions to which the bid is subject;

| i) | the offeror's intentions with regard to the future business of the offeree company and, insofar as it is affected by the bid, the offeror company and with regard to the safeguarding of the jobs of their employees and management, including any material change in the conditions of employment, and in particular the offeror's strategic plans for the two companies and the likely repercussions on employment and the locations of the companies' places of business; |
| --- | --- |

i)

the offeror's intentions with regard to the future business of the offeree company and, insofar as it is affected by the bid, the offeror company and with regard to the safeguarding of the jobs of their employees and management, including any material change in the conditions of employment, and in particular the offeror's strategic plans for the two companies and the likely repercussions on employment and the locations of the companies' places of business;

| j) | the time allowed for acceptance of the bid; |
| --- | --- |

j)

the time allowed for acceptance of the bid;

| k) | where the consideration offered by the offeror includes securities of any kind, information concerning those securities; |
| --- | --- |

k)

where the consideration offered by the offeror includes securities of any kind, information concerning those securities;

| l) | information concerning the financing for the bid; |
| --- | --- |

l)

information concerning the financing for the bid;

| m) | the identity of persons acting in concert with the offeror or with the offeree company and, in the case of companies, their types, names, registered offices and relationships with the offeror and, where possible, with the offeree company; |
| --- | --- |

m)

the identity of persons acting in concert with the offeror or with the offeree company and, in the case of companies, their types, names, registered offices and relationships with the offeror and, where possible, with the offeree company;

| n) | the national law which will govern contracts concluded between the offeror and the holders of the offeree company's securities as a result of the bid and the competent courts. |
| --- | --- |

n)

the national law which will govern contracts concluded between the offeror and the holders of the offeree company's securities as a result of the bid and the competent courts.

4.   The Commission shall adopt rules for the application of paragraph 3 in accordance with the procedure referred to in Article 18(2).

5.   Member States shall ensure that the parties to a bid are required to provide the supervisory authorities of their Member State at any time on request with all the information in their possession concerning the bid that is necessary for the supervisory authority to discharge its functions.

Article 7

Time allowed for acceptance

1.   Member States shall provide that the time allowed for the acceptance of a bid may not be less than two weeks nor more than ten weeks from the date of publication of the offer document. Provided that the general principle laid down in Article 3(1)(f) is respected, Member States may provide that the period of ten weeks may be extended on condition that the offeror gives at least two weeks' notice of his intention of closing the bid.

2.   Member States may provide for rules changing the period referred to in paragraph 1 in specific cases. A Member State may authorise a supervisory authority to grant a derogation from the period referred to in paragraph 1 in order to allow the offeree company to call a general meeting of shareholders to consider the bid.

Article 8

Disclosure

1.   Member States shall ensure that a bid is made public in such a way as to ensure market transparency and integrity for the securities of the offeree company, of the offeror or of any other company affected by the bid, in particular in order to prevent the publication or dissemination of false or misleading information.

2.   Member States shall provide for the disclosure of all information and documents required by Article 6 in such a manner as to ensure that they are both readily and promptly available to the holders of securities at least in those Member States on the regulated markets of which the offeree company's securities are admitted to trading and to the representatives of the employees of the offeree company and the offeror or, where there are no such representatives, to the employees themselves.

Article 9

Obligations of the board of the offeree company

1.   Member States shall ensure that the rules laid down in paragraphs 2 to 5 are complied with.

2.   During the period referred to in the second subparagraph, the board of the offeree company shall obtain the prior authorisation of the general meeting of shareholders given for this purpose before taking any action, other than seeking alternative bids, which may result in the frustration of the bid and in particular before issuing any shares which may result in a lasting impediment to the offeror's acquiring control of the offeree company.

Such authorisation shall be mandatory at least from the time the board of the offeree company receives the information referred to in the first sentence of Article 6(1) concerning the bid and until the result of the bid is made public or the bid lapses. Member States may require that such authorisation be obtained at an earlier stage, for example as soon as the board of the offeree company becomes aware that the bid is imminent.

3.   As regards decisions taken before the beginning of the period referred to in the second subparagraph of paragraph 2 and not yet partly or fully implemented, the general meeting of shareholders shall approve or confirm any decision which does not form part of the normal course of the company's business and the implementation of which may result in the frustration of the bid.

4.   For the purpose of obtaining the prior authorisation, approval or confirmation of the holders of securities referred to in paragraphs 2 and 3, Member States may adopt rules allowing a general meeting of shareholders to be called at short notice, provided that the meeting does not take place within two weeks of notification's being given.

5.   The board of the offeree company shall draw up and make public a document setting out its opinion of the bid and the reasons on which it is based, including its views on the effects of implementation of the bid on all the company's interests and specifically employment, and on the offeror's strategic plans for the offeree company and their likely repercussions on employment and the locations of the company's places of business as set out in the offer document in accordance with Article 6(3)(i). The board of the offeree company shall at the same time communicate that opinion to the representatives of its employees or, where there are no such representatives, to the employees themselves. Where the board of the offeree company receives in good time a separate opinion from the representatives of its employees on the effects of the bid on employment, that opinion shall be appended to the document.

6.   For the purposes of paragraph 2, where a company has a two-tier board structure ‘board’ shall mean both the management board and the supervisory board.

Article 10

Information on companies as referred to in Article 1(1)

1.   Member States shall ensure that companies as referred to in Article 1(1) publish detailed information on the following:

| a) | the structure of their capital, including securities which are not admitted to trading on a regulated market in a Member State, where appropriate with an indication of the different classes of shares and, for each class of shares, the rights and obligations attaching to it and the percentage of total share capital that it represents; |
| --- | --- |

a)

the structure of their capital, including securities which are not admitted to trading on a regulated market in a Member State, where appropriate with an indication of the different classes of shares and, for each class of shares, the rights and obligations attaching to it and the percentage of total share capital that it represents;

| b) | any restrictions on the transfer of securities, such as limitations on the holding of securities or the need to obtain the approval of the company or other holders of securities, without prejudice to Article 46 of Directive 2001/34/EC; |
| --- | --- |

b)

any restrictions on the transfer of securities, such as limitations on the holding of securities or the need to obtain the approval of the company or other holders of securities, without prejudice to Article 46 of Directive 2001/34/EC;

| c) | significant direct and indirect shareholdings (including indirect shareholdings through pyramid structures and cross-shareholdings) within the meaning of Article 85 of Directive 2001/34/EC; |
| --- | --- |

c)

significant direct and indirect shareholdings (including indirect shareholdings through pyramid structures and cross-shareholdings) within the meaning of Article 85 of Directive 2001/34/EC;

| d) | the holders of any securities with special control rights and a description of those rights; |
| --- | --- |

d)

the holders of any securities with special control rights and a description of those rights;

| e) | the system of control of any employee share scheme where the control rights are not exercised directly by the employees; |
| --- | --- |

e)

the system of control of any employee share scheme where the control rights are not exercised directly by the employees;

| f) | any restrictions on voting rights, such as limitations of the voting rights of holders of a given percentage or number of votes, deadlines for exercising voting rights, or systems whereby, with the company's co-operation, the financial rights attaching to securities are separated from the holding of securities; |
| --- | --- |

f)

any restrictions on voting rights, such as limitations of the voting rights of holders of a given percentage or number of votes, deadlines for exercising voting rights, or systems whereby, with the company's co-operation, the financial rights attaching to securities are separated from the holding of securities;

| g) | any agreements between shareholders which are known to the company and may result in restrictions on the transfer of securities and/or voting rights within the meaning of Directive 2001/34/EC; |
| --- | --- |

g)

any agreements between shareholders which are known to the company and may result in restrictions on the transfer of securities and/or voting rights within the meaning of Directive 2001/34/EC;

| h) | the rules governing the appointment and replacement of board members and the amendment of the articles of association; |
| --- | --- |

h)

the rules governing the appointment and replacement of board members and the amendment of the articles of association;

| i) | the powers of board members, and in particular the power to issue or buy back shares; |
| --- | --- |

i)

the powers of board members, and in particular the power to issue or buy back shares;

| j) | any significant agreements to which the company is a party and which take effect, alter or terminate upon a change of control of the company following a takeover bid, and the effects thereof, except where their nature is such that their disclosure would be seriously prejudicial to the company; this exception shall not apply where the company is specifically obliged to disclose such information on the basis of other legal requirements; |
| --- | --- |

j)

any significant agreements to which the company is a party and which take effect, alter or terminate upon a change of control of the company following a takeover bid, and the effects thereof, except where their nature is such that their disclosure would be seriously prejudicial to the company; this exception shall not apply where the company is specifically obliged to disclose such information on the basis of other legal requirements;

| k) | any agreements between the company and its board members or employees providing for compensation if they resign or are made redundant without valid reason or if their employment ceases because of a takeover bid. |
| --- | --- |

k)

any agreements between the company and its board members or employees providing for compensation if they resign or are made redundant without valid reason or if their employment ceases because of a takeover bid.

2.   The information referred to in paragraph 1 shall be published in the company's annual report as provided for in Article 46 of Directive 78/660/EEC (15) and Article 36 of Directive 83/349/EEC (16).

3.   Member States shall ensure, in the case of companies the securities of which are admitted to trading on a regulated market in a Member State, that the board presents an explanatory report to the annual general meeting of shareholders on the matters referred to in paragraph 1.

Article 11

Breakthrough

1.   Without prejudice to other rights and obligations provided for in Community law for the companies referred to in Article 1(1), Member States shall ensure that the provisions laid down in paragraphs 2 to 7 apply when a bid has been made public.

2.   Any restrictions on the transfer of securities provided for in the articles of association of the offeree company shall not apply vis-à-vis the offeror during the time allowed for acceptance of the bid laid down in Article 7(1).

Any restrictions on the transfer of securities provided for in contractual agreements between the offeree company and holders of its securities, or in contractual agreements between holders of the offeree company's securities entered into after the adoption of this Directive, shall not apply vis-à-vis the offeror during the time allowed for acceptance of the bid laid down in Article 7(1).

3.   Restrictions on voting rights provided for in the articles of association of the offeree company shall not have effect at the general meeting of shareholders which decides on any defensive measures in accordance with Article 9.

Restrictions on voting rights provided for in contractual agreements between the offeree company and holders of its securities, or contractual agreements between holders of the offeree company's securities entered into after the adoption of this Directive, shall not have effect at the general meeting of shareholders which decides on any defensive measures in accordance with Article 9.

Multiple-vote securities shall carry only one vote each at the general meeting of shareholders which decides on any defensive measures in accordance with Article 9.

4.   Where, following a bid, the offeror holds 75 % or more of the capital carrying voting rights, no restrictions on the transfer of securities or on voting rights referred to in paragraphs 2 and 3 nor any extraordinary rights of shareholders concerning the appointment or removal of board members provided for in the articles of association of the offeree company shall apply; multiple-vote securities shall carry only one vote each at the first general meeting of shareholders following closure of the bid, called by the offeror in order to amend the articles of association or to remove or appoint board members.

To that end, the offeror shall have the right to convene a general meeting of shareholders at short notice, provided that the meeting does not take place within two weeks of notification.

5.   Where rights are removed on the basis of paragraphs 2, 3, or 4 and/or Article 12, equitable compensation shall be provided for any loss suffered by the holders of those rights. The terms for determining such compensation and the arrangements for its payment shall be set by Member States.

6.   Paragraphs 3 and 4 shall not apply to securities where the restrictions on voting rights are compensated for by specific pecuniary advantages.

7.   This Article shall not apply either where Member States hold securities in the offeree company which confer special rights on the Member States which are compatible with the Treaty, or to special rights provided for in national law which are compatible with the Treaty or to cooperatives.

Article 12

Optional arrangements

1.   Member States may reserve the right not to require companies as referred to in Article 1(1) which have their registered offices within their territories to apply Article 9(2) and (3) and/or Article 11.

2.   Where Member States make use of the option provided for in paragraph 1, they shall nevertheless grant companies which have their registered offices within their territories the option, which shall be reversible, of applying Article 9(2) and (3) and/or Article 11, without prejudice to Article 11(7).

The decision of the company shall be taken by the general meeting of shareholders, in accordance with the law of the Member State in which the company has its registered office in accordance with the rules applicable to amendment of the articles of association. The decision shall be communicated to the supervisory authority of the Member State in which the company has its registered office and to all the supervisory authorities of Member States in which its securities are admitted to trading on regulated markets or where such admission has been requested.

3.   Member States may, under the conditions determined by national law, exempt companies which apply Article 9(2) and (3) and/or Article 11 from applying Article 9(2) and (3) and/or Article 11 if they become the subject of an offer launched by a company which does not apply the same Articles as they do, or by a company controlled, directly or indirectly, by the latter, pursuant to Article 1 of Directive 83/349/EEC.

4.   Member States shall ensure that the provisions applicable to the respective companies are disclosed without delay.

5.   Any measure applied in accordance with paragraph 3 shall be subject to the authorisation of the general meeting of shareholders of the offeree company, which must be granted no earlier than eighteen months before the bid was made public in accordance with Article 6(1).

Article 13

Other rules applicable to the conduct of bids

Member States shall also lay down rules which govern the conduct of bids, at least as regards the following:

| a) | the lapsing of bids; |
| --- | --- |

a)

the lapsing of bids;

| b) | the revision of bids; |
| --- | --- |

b)

the revision of bids;

| c) | competing bids; |
| --- | --- |

c)

competing bids;

| d) | the disclosure of the results of bids; |
| --- | --- |

d)

the disclosure of the results of bids;

| e) | the irrevocability of bids and the conditions permitted. |
| --- | --- |

e)

the irrevocability of bids and the conditions permitted.

Article 14

Information for and consultation of employees' representatives

This Directive shall be without prejudice to the rules relating to information and to consultation of representatives of and, if Member States so provide, codetermination with the employees of the offeror and the offeree company governed by the relevant national provisions, and in particular those adopted pursuant to Directives 94/45/EC, 98/59/EC, 2001/86/EC and 2002/14/EC.

Article 15

The right of squeeze-out

1.   Member States shall ensure that, following a bid made to all the holders of the offeree company's securities for all of their securities, paragraphs 2 to 5 apply.

2.   Member States shall ensure that an offeror is able to require all the holders of the remaining securities to sell him those securities at a fair price. Member States shall introduce that right in one of the following situations:

| a) | where the offeror holds securities representing not less than 90 % of the capital carrying voting rights and 90 % of the voting rights in the offeree company, or |
| --- | --- |

a)

where the offeror holds securities representing not less than 90 % of the capital carrying voting rights and 90 % of the voting rights in the offeree company, or

| b) | where, following acceptance of the bid, he has acquired or has firmly contracted to acquire securities representing not less than 90 % of the offeree company's capital carrying voting rights and 90 % of the voting rights comprised in the bid. |
| --- | --- |

b)

where, following acceptance of the bid, he has acquired or has firmly contracted to acquire securities representing not less than 90 % of the offeree company's capital carrying voting rights and 90 % of the voting rights comprised in the bid.

In the case referred to in (a), Member States may set a higher threshold that may not, however, be higher than 95 % of the capital carrying voting rights and 95 % of the voting rights.

3.   Member States shall ensure that rules are in force that make it possible to calculate when the threshold is reached.

Where the offeree company has issued more than one class of securities, Member States may provide that the right of squeeze-out can be exercised only in the class in which the threshold laid down in paragraph 2 has been reached.

4.   If the offeror wishes to exercise the right of squeeze-out he shall do so within three months of the end of the time allowed for acceptance of the bid referred to in Article 7.

5.   Member States shall ensure that a fair price is guaranteed. That price shall take the same form as the consideration offered in the bid or shall be in cash. Member States may provide that cash shall be offered at least as an alternative.

Following a voluntary bid, in both of the cases referred to in paragraph 2(a) and (b), the consideration offered in the bid shall be presumed to be fair where, through acceptance of the bid, the offeror has acquired securities representing not less than 90 % of the capital carrying voting rights comprised in the bid.

Following a mandatory bid, the consideration offered in the bid shall be presumed to be fair.

Article 16

The right of sell-out

1.   Member States shall ensure that, following a bid made to all the holders of the offeree company's securities for all of their securities, paragraphs 2 and 3 apply.

2.   Member States shall ensure that a holder of remaining securities is able to require the offeror to buy his securities from him at a fair price under the same circumstances as provided for in Article 15(2).

3.   Article 15(3) to (5) shall apply mutatis mutandis.

Article 17

Sanctions

Member States shall determine the sanctions to be imposed for infringement of the national measures adopted pursuant to this Directive and shall take all necessary steps to ensure that they are put into effect. The sanctions thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those measures no later than the date laid down in Article 21(1) and of any subsequent change thereto at the earliest opportunity.

Article 18

Committee procedure

1.   The Commission shall be assisted by the European Securities Committee established by Decision 2001/528/EC (hereinafter referred to as ‘the Committee’).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof, provided that the implementing measures adopted in accordance with this procedure do not modify the essential provisions of this Directive.

3.   The period referred to in Article 5(6) of Decision 1999/468/EC shall be three months.

4.   Without prejudice to the implementing measures already adopted, four years after the entry into force of this Directive, the application of those of its provisions that require the adoption of technical rules and decisions in accordance with paragraph 2 shall be suspended. On a proposal from the Commission, the European Parliament and the Council may renew the provisions concerned in accordance with the procedure laid down in Article 251 of the Treaty and, to that end, they shall review them before the end of the period referred to above.

Article 19

Contact committee

1.   A contact committee shall be set up which has as its functions:

| a) | to facilitate, without prejudice to Articles 226 and 227 of the Treaty, the harmonised application of this Directive through regular meetings dealing with practical problems arising in connection with its application; |
| --- | --- |

a)

to facilitate, without prejudice to Articles 226 and 227 of the Treaty, the harmonised application of this Directive through regular meetings dealing with practical problems arising in connection with its application;

| b) | to advise the Commission, if necessary, on additions or amendments to this Directive. |
| --- | --- |

b)

to advise the Commission, if necessary, on additions or amendments to this Directive.

2.   It shall not be the function of the contact committee to appraise the merits of decisions taken by the supervisory authorities in individual cases.

Article 20

Revision

Five years after the date laid down in Article 21(1), the Commission shall examine this Directive in the light of the experience acquired in applying it and, if necessary, propose its revision. That examination shall include a survey of the control structures and barriers to takeover bids that are not covered by this Directive.

To that end, Member States shall provide the Commission annually with information on the takeover bids which have been launched against companies the securities of which are admitted to trading on their regulated markets. That information shall include the nationalities of the companies involved, the results of the offers and any other information relevant to the understanding of how takeover bids operate in practice.

Article 21

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than ... (17). They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law that they adopt in the fields covered by this Directive.

Article 22

Entry into force

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

Article 23

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 45 E, 25.2.2003, p. 1.

1

(2)  OJ C 208, 3.9.2003, p. 55.

2

(3)  Position of the European Parliament of 16 December 2003.

3

(4)  OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22).

4

(5)  OJ L 225, 12.8.1998, p. 16.

5

(6)  OJ L 294, 10.11.2001, p. 22.

6

(7)  OJ L 80, 23.3.2002, p. 29.

7

(8)  OJ L 96, 12.4.2003, p. 16.

8

(9)  OJ L 191, 13.7.2001, p. 45. Decision as amended by Decision 2004/8/EC (OJ L 3, 7.1.2004, p. 33).

9

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

10

(11)  Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field (OJ L 141, 11.6.1993, p. 27). Directive as last amended by Directive 2002/87/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).

11

(12)  Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities (OJ L 184, 6.7.2001, p. 1). Directive as last amended by Directive 2003/71/EC (OJ L 345, 31.12.2003, p. 64).

12

(13)  OJ L 96, 12.4.2003, p. 16.

13

(14)  OJ L 345, 31.12.2003, p. 64.

14

(15)  Fourth Council Directive 78/660/EEC of 25 July 1978 on the annual accounts of certain types of companies (OJ L 222, 14.8.1978, p. 11). Directive as last amended by Directive 2003/51/EC of the European Parliament and of the Council (OJ L 178, 17.7.2003, p. 16).

15

(16)  Seventh Council Directive 83/349/EEC of 13 June 1983 on consolidated accounts (OJ L 193, 18.7.1983, p. 1). Directive as last amended by Directive 2003/51/EC.

16

(17)  Two years after the entry into force of this Directive.

17

P5_TA(2003)0572

Market regulation and competition rules for the liberal professions

European Parliament resolution on market regulations and competition rules for the liberal professions

The European Parliament,

| — | having regard to Articles 6, 43, 45, 49, 81 and 82 of the Treaty establishing the European Community, |
| --- | --- |

—

having regard to Articles 6, 43, 45, 49, 81 and 82 of the Treaty establishing the European Community,

| — | having regard to its resolution of 5 April 2001 on scale fees and compulsory tariffs for certain liberal professions, in particular lawyers, and on the particular role and position of the liberal professions in modern society (1), |
| --- | --- |

—

having regard to its resolution of 5 April 2001 on scale fees and compulsory tariffs for certain liberal professions, in particular lawyers, and on the particular role and position of the liberal professions in modern society (1),

| — | having regard to Rule 42(5) of the Rules of Procedure, |
| --- | --- |

—

having regard to Rule 42(5) of the Rules of Procedure,

| A. | whereas the liberal professions are one of the pillars of pluralism and independence in society and fulfil roles in the public interest, |
| --- | --- |

A.

whereas the liberal professions are one of the pillars of pluralism and independence in society and fulfil roles in the public interest,

| B. | whereas the activities of the liberal professions must be opened to the greatest extent possible to free competition, both within individual Member States and across the Union's internal frontiers, in the interest of consumers, quality of service and the EU economy as a whole, |
| --- | --- |

B.

whereas the activities of the liberal professions must be opened to the greatest extent possible to free competition, both within individual Member States and across the Union's internal frontiers, in the interest of consumers, quality of service and the EU economy as a whole,

| C. | whereas the importance of ethical conduct, of the maintenance of confidentiality with clients and of a high level of specialised knowledge necessitates the organisation of self-regulation systems such as those run today by professional bodies and orders, |
| --- | --- |

C.

whereas the importance of ethical conduct, of the maintenance of confidentiality with clients and of a high level of specialised knowledge necessitates the organisation of self-regulation systems such as those run today by professional bodies and orders,

| D. | whereas the Commission has to take account of the particular nature of different branches of the economy, social concerns and considerations connected with the pursuit of the public interest, |
| --- | --- |

D.

whereas the Commission has to take account of the particular nature of different branches of the economy, social concerns and considerations connected with the pursuit of the public interest,

| 1. | Reaffirms that the liberal professions are the expression of a fundamental democratic order based on law and, more particularly, are an essential element of European societies; |
| --- | --- |

1.

Reaffirms that the liberal professions are the expression of a fundamental democratic order based on law and, more particularly, are an essential element of European societies;

| 2. | Underlines the importance of rules which are necessary, in the specific context of each profession, to ensure the impartiality, competence, integrity and responsibility of the members of that profession so as to guarantee the quality of their services, to the benefit of their clients and society in general and to guarantee the public interest; |
| --- | --- |

2.

Underlines the importance of rules which are necessary, in the specific context of each profession, to ensure the impartiality, competence, integrity and responsibility of the members of that profession so as to guarantee the quality of their services, to the benefit of their clients and society in general and to guarantee the public interest;

| 3. | Notes that each activity of the professional association in question has to be looked at separately, so that the rules on competition are applied to the association only when it is acting exclusively in the interests of its members; |
| --- | --- |

3.

Notes that each activity of the professional association in question has to be looked at separately, so that the rules on competition are applied to the association only when it is acting exclusively in the interests of its members;

| 4. | Points out that a professional body does not constitute either an undertaking or a group of undertakings for the purposes of Article 82 of the EC Treaty; |
| --- | --- |

4.

Points out that a professional body does not constitute either an undertaking or a group of undertakings for the purposes of Article 82 of the EC Treaty;

| 5. | Notes the high qualifications required for the liberal professions, the need to protect those qualifications that distinguish the liberal professions for the benefit of European citizens and the need to establish a specific relationship based on trust between the liberal professions and their clients; |
| --- | --- |

5.

Notes the high qualifications required for the liberal professions, the need to protect those qualifications that distinguish the liberal professions for the benefit of European citizens and the need to establish a specific relationship based on trust between the liberal professions and their clients;

| 6. | Notes that special considerations should apply to liberal professions active in the health-care sector to ensure that the principles expressed by Article 152 of the Treaty are respected; |
| --- | --- |

6.

Notes that special considerations should apply to liberal professions active in the health-care sector to ensure that the principles expressed by Article 152 of the Treaty are respected;

| 7. | Considers that diversities rooted in the culture, legal history, sociology and ethnology of the various professional groups in the Member States must be limited by the need to cater for the requirements of a common European society; |
| --- | --- |

7.

Considers that diversities rooted in the culture, legal history, sociology and ethnology of the various professional groups in the Member States must be limited by the need to cater for the requirements of a common European society;

| 8. | Points out that it is both necessary and beneficial to the liberal professions to promote competition and freedom of provision of services in their own Member States and throughout the European Union; |
| --- | --- |

8.

Points out that it is both necessary and beneficial to the liberal professions to promote competition and freedom of provision of services in their own Member States and throughout the European Union;

| 9. | Considers, however, that the goal of promoting competition in the professions must, in each individual case, be reconciled with the objective of maintaining purely ethical rules specific to each profession and that the pursuit of this goal must respect the public-interest tasks with which liberal professions are entrusted; |
| --- | --- |

9.

Considers, however, that the goal of promoting competition in the professions must, in each individual case, be reconciled with the objective of maintaining purely ethical rules specific to each profession and that the pursuit of this goal must respect the public-interest tasks with which liberal professions are entrusted;

| 10. | Points out that the specific features of the markets for professional services require adequate regulation; |
| --- | --- |

10.

Points out that the specific features of the markets for professional services require adequate regulation;

| 11. | Concludes that from a general point of view rules are necessary in the specific context of each profession, in particular those relating to the organisation, qualifications, professional ethics, supervision, liability, impartiality and competence of the members of the profession or designed to prevent conflicts of interest and misleading advertising, provided that they:






  a) | give end-users the assurance that they are provided with the necessary guarantees in relation to integrity and experience, and |
| --- | --- | --- |

11.

Concludes that from a general point of view rules are necessary in the specific context of each profession, in particular those relating to the organisation, qualifications, professional ethics, supervision, liability, impartiality and competence of the members of the profession or designed to prevent conflicts of interest and misleading advertising, provided that they:

a)

give end-users the assurance that they are provided with the necessary guarantees in relation to integrity and experience, and

| b) | do not constitute restrictions on competition; |
| --- | --- |

b)

do not constitute restrictions on competition;

| 12. | Calls upon the Commission to carefully consider the principles and concerns expressed in this resolution when analysing the rules governing the exercise of the different liberal professions in the Member States; |
| --- | --- |

12.

Calls upon the Commission to carefully consider the principles and concerns expressed in this resolution when analysing the rules governing the exercise of the different liberal professions in the Member States;

| 13. | Instructs its President to forward this resolution to the Commission. |
| --- | --- |

13.

Instructs its President to forward this resolution to the Commission.

---

(1)  OJ C 21 E, 24.1.2002, p. 364.

---