# CE2004087EN.01007001.xml

| 7.4.2004 | EN | Official Journal of the European Union | CE 87/70 |
| --- | --- | --- | --- |

7.4.2004

EN

Official Journal of the European Union

CE 87/70

---

MINUTES

(2004/C 87 E/03)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Pat COX

President

1.   Opening of sitting

The sitting opened at 09.05.

The following spoke:

| — | Konstantinos Alyssandrakis on the murder of the Guatemalan political leader Ricardo de León Regil on 16 November 2003. He asked the President to call on the Guatemalan authorities to clarify the circumstances of his death (the President undertook to do so); |
| --- | --- |

—

Konstantinos Alyssandrakis on the murder of the Guatemalan political leader Ricardo de León Regil on 16 November 2003. He asked the President to call on the Guatemalan authorities to clarify the circumstances of his death (the President undertook to do so);

| — | Marco Cappato who protested at the fact that a stagiaire had been denied entry to Parliament's premises in Strasbourg on the grounds that only accredited assistants were authorised to enter those premises; he called on the President to remedy this situation (the President replied that he would instruct the appropriate services to contact the speaker to try and find a solution). |
| --- | --- |

—

Marco Cappato who protested at the fact that a stagiaire had been denied entry to Parliament's premises in Strasbourg on the grounds that only accredited assistants were authorised to enter those premises; he called on the President to remedy this situation (the President replied that he would instruct the appropriate services to contact the speaker to try and find a solution).

2.   Documents received

The following documents had been received:

| (1) | from Members







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







  — | Sebastiano (Nello) Musumeci, Cristiana Muscardini, Mauro Nobilia and Adriana Poli Bortone, on the tragedy of illegal immigrants shipwrecked in the Mediterranean (28/2003). |
| --- | --- | --- | --- |

(1)

from Members

from Members

(1.1)

written declarations for entry in the Register (Rule 51)

written declarations for entry in the Register (Rule 51)

—

Sebastiano (Nello) Musumeci, Cristiana Muscardini, Mauro Nobilia and Adriana Poli Bortone, on the tragedy of illegal immigrants shipwrecked in the Mediterranean (28/2003).

3.   Transfers of appropriations

The Committee on Budgets had considered proposal for transfer of appropriations No 31/2003 (C5-0510/2003) — SEC(2003) 1119).

It had decided, pursuant to Articles 24(3) and 181(1) of the Financial Regulation of 25 June 2002, to authorise the transfer in part in accordance with the following breakdown:

| FROM: |
| --- |
| Chapter A-10 — Provisional appropriations | | |
| — Article A-100 — Provisional appropriations | NDA | - 600 000 EUR |
| TO: |
| Chapter A-32 — Youth, Education and Town-Twinning | | |
| — Article A-328 — European Schools | | |
| — | Item A-3286 — European Schools: Office of the Representative of the Board of Governors (Brussels) |

FROM:

Chapter A-10 — Provisional appropriations

— Article A-100 — Provisional appropriations

NDA

- 600 000 EUR

TO:

Chapter A-32 — Youth, Education and Town-Twinning

— Article A-328 — European Schools

—

Item A-3286 — European Schools: Office of the Representative of the Board of Governors (Brussels)

NDA

600 000 EUR

*

- *

The Committee on Budgets had considered proposal for transfer of appropriations No 32/2003 (C5-0511/2003) — SEC(2003) 1193).

It had decided to authorise the transfer, pursuant to Articles 24(3) and 181(1) of the Financial Regulation of 25 June 2002, in accordance with the following breakdown:

| FROM: |
| --- |
| Chapter B0-40 — Provisional appropriations | | |
| — | Item B2-7010 — European Maritime Safety Agency: subsidies under Titles 1 and 2 |

FROM:

Chapter B0-40 — Provisional appropriations

—

Item B2-7010 — European Maritime Safety Agency: subsidies under Titles 1 and 2

CA

- 400 000 EUR

PA

- 892 500 EUR

TO:

Chapter B2-70 — Transport

— Article B2-701 — European Maritime Safety Agency

| — | Item B2-7010 — European Maritime Safety Agency: subsidies under Titles 1 and 2 |
| --- | --- |

—

Item B2-7010 — European Maritime Safety Agency: subsidies under Titles 1 and 2

CA

- 400 000 EUR

PA

- 892 500 EUR

*

- *

The Committee on Budgets had considered proposal for transfer of appropriations No 33/2003 (C5-0512/2003) — SEC(2003) 1221).

It had decided, pursuant to Articles 24(3) and 181(1) of the Financial Regulation of 25 June 2002, to authorise the transfer in part in accordance with the following breakdown:

| FROM: |
| --- |
| Chapter B5-30 — Strategic Implementing Measures | | |
| — Article B5-300 — Strategic programme on the internal market | | |
| — | Item B5-3001 — Implementation and development of the internal market |

FROM:

Chapter B5-30 — Strategic Implementing Measures

— Article B5-300 — Strategic programme on the internal market

—

Item B5-3001 — Implementation and development of the internal market

CA

- 350 000 EUR

TO:

Chapter B5-80 — Measures to combat instances of discrimination, exclusion and mistreatment

— Article B5-803 — Measures combating and preventing discrimination

CA

350 000 EUR

4.   Financial provisions of the draft Treaty establishing a constitution for Europe (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Financial provisions of the draft Treaty establishing a constitution for Europe.

Roberto Antonione (President-in-Office of the Council) and Günther Verheugen (Member of the Commission) made the statements.

Pervenche Berès spoke on Parliament's representation at the Intergovernmental Conference.

The following spoke: Elmar Brok, on behalf of the PPE-DE Group, Enrique Barón Crespo, on behalf of the PSE Group, Andrew Nicholas Duff, on behalf of the ELDR Group, Francis Wurtz, on behalf of the GUE/NGL Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, Gerard Collins, on behalf of the UEN Group, William Abitbol, on behalf of the EDD Group, Georges Berthu, Non-attached Member, Antonio Tajani, Ralf Walter, Anne Elisabet Jensen, Nelly Maes, José Ribeiro e Castro, Marco Pannella, Jonathan Evans and Klaus Hänsch.

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

The following spoke: Salvador Garriga Polledo, Giorgio Napolitano, Reimer Böge, Anna Terrón i Cusí, Giorgos Katiforis, Roberto Antonione and Günther Verheugen.

The debate closed.

Vote: Minutes of 20.11.2003, Item 15.

Minutes of 20.11.2003, Item 15.

5.   Euromed (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Euromed.

Roberto Antonione (President-in-Office of the Council) and Günther Verheugen (Member of the Commission) made the statements.

The following spoke: Francesco Fiori, on behalf of the PPE-DE Group, Pasqualina Napoletano, on behalf of the PSE Group, Joan Vallvé, on behalf of the ELDR Group, Yasmine Boudjenah, on behalf of the GUE/NGL Group, Miquel Mayol i Raynal, on behalf of the Verts/ALE Group, Gerardo Galeote Quecedo, Anna Terrón i Cusí, Carles-Alfred Gasòliba i Böhm, Jorge Salvador Hernández Mollar and Marie-Arlette Carlotti.

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

| — | Yasmine Boudjenah, Pedro Marset Campos and Luisa Morgantini, on behalf of the GUE/NGL Group, on the Euro-Mediterranean Conference of Ministers of Foreign Affairs to be held in Naples on 2 and 3 December 2003 (B5-0471/2003); |
| --- | --- |

—

Yasmine Boudjenah, Pedro Marset Campos and Luisa Morgantini, on behalf of the GUE/NGL Group, on the Euro-Mediterranean Conference of Ministers of Foreign Affairs to be held in Naples on 2 and 3 December 2003 (B5-0471/2003);

| — | Pasqualina Napoletano, on behalf of the PSE Group, on the preparations for the VIth Meeting of Euro-Mediterranean Ministers of Foreign Affairs in Naples on 2 and 3 December 2003 (B5-0475/2003); |
| --- | --- |

—

Pasqualina Napoletano, on behalf of the PSE Group, on the preparations for the VIth Meeting of Euro-Mediterranean Ministers of Foreign Affairs in Naples on 2 and 3 December 2003 (B5-0475/2003);

| — | Francesco Fiori, on behalf of the PPE-DE Group, on preparations for the Sixth Conference of Euro-Mediterranean Foreign Ministers to be held in Naples on 2 and 3 December 2003 (B5-0481/2003); |
| --- | --- |

—

Francesco Fiori, on behalf of the PPE-DE Group, on preparations for the Sixth Conference of Euro-Mediterranean Foreign Ministers to be held in Naples on 2 and 3 December 2003 (B5-0481/2003);

| — | Alima Boumediene-Thiery, Hélène Flautre, Monica Frassoni and Yves Piétrasanta, on behalf of the Verts/ALE Group, on preparations for the VIth Euro-Mediterranean Conference of Foreign Ministers, to be held in Naples on 2 and 3 December 2003 (B5-0484/2003); |
| --- | --- |

—

Alima Boumediene-Thiery, Hélène Flautre, Monica Frassoni and Yves Piétrasanta, on behalf of the Verts/ALE Group, on preparations for the VIth Euro-Mediterranean Conference of Foreign Ministers, to be held in Naples on 2 and 3 December 2003 (B5-0484/2003);

| — | Joan Vallvé, on behalf of the ELDR Group, on Euromed (B5-0489/2003). |
| --- | --- |

—

Joan Vallvé, on behalf of the ELDR Group, on Euromed (B5-0489/2003).

The debate closed.

Vote: Minutes of 20.11.2003, Item 16.

Minutes of 20.11.2003, Item 16.

IN THE CHAIR: Gérard ONESTA

Vice-President

Miquel Mayol i Raynal complained that he had encountered difficulties when trying to reserve a press room (the President cut him off and suggested he contact the Quaestors).

VOTING TIME

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

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

6.   Violations of women's rights (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the violation of women's rights and EU international relations [2002/2286(INI)] — Committee on Women's Rights and Equal Opportunities.

Rapporteur: Miet Smet (A5-0334/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 1)

(Voting record: Annex I, Item 1)

The following spoke: Rodi Kratsa-Tsagaropoulou, on behalf of the PPE-DE Group, who asked for the vote on the report to be postponed in view of the late translation of parts of the motion for a resolution as a result of which it had not been possible to table amendments, and Anna Karamanou, on behalf of the FEMM Committee, on this request.

Parliament rejected the request by EV (186 for, 240 against, 15 abstentions).

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0497).

(P5_TA(2003)0497).

7.   Major-accident hazards involving dangerous substances ***III (vote)

(vote)

Report on the joint text, approved by the Conciliation Committee, for a European Parliament and Council directive on amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances [PE-CONS 3665/2003 — C5-0435/2003 — 2001/0257(COD)] — European Parliament delegation to the Conciliation Committee.

Rapporteur: Giorgio Lisi (A5-0365/2003).

(Simple majority for approval)

(Simple majority for approval)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

JOINT TEXT

Adopted (P5_TA(2003)0498)

(P5_TA(2003)0498)

The following spoke:

The following spoke:

| — | the rapporteur pointed out that the authoritative version of the first part of Annex I was the English version. |
| --- | --- |

—

the rapporteur pointed out that the authoritative version of the first part of Annex I was the English version.

8.   Enhancing ship and port facility security ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on enhancing ship and port facility security [COM(2003) 229 — C5-0218/2003 — 2003/0089(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Rosa Miguélez Ramos (A5-0385/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0499)

(P5_TA(2003)0499)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0499).

(P5_TA(2003)0499).

9.   European Network and Information Security Agency ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on establishing the European Network and Information Security Agency [COM(2003) 63 — C5-0058/2003 — 2003/0032(COD)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Reino Paasilinna (A5-0353/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0500)

(P5_TA(2003)0500)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0500)

(P5_TA(2003)0500)

The following spoke:

The following spoke:

| — | The rapporteur spoke on the withdrawal of certain amendments from the ITRE Committee. |
| --- | --- |

—

The rapporteur spoke on the withdrawal of certain amendments from the ITRE Committee.

*

- *

The President proposed, in view of the probable duration of the votes on the Blokland (A5-0391/2003) and Liese (A5-0369/2003) reports, to hold these two votes over until after the formal sitting.

Parliament approved the proposal.

10.   Security of supply for petroleum products ***I (final vote)

(final vote)

Report on the proposal for a European Parliament and Council directive concerning the alignment of measures with regard to security of supply for petroleum products [COM(2002) 488 — C5-0448/2002 — 2002/0219(COD)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Hans Karlsson (A5-0297/2003).

(This report had been referred back to committee under Rule 68(1) (Minutes of 23.09.2003, Item 14)).

(Minutes of 23.09.2003, Item 14))

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0501)

(P5_TA(2003)0501)

Günther Verheugen (Member of the Commission) spoke.

11.   Cancer screening * (vote)

(vote)

Report on the proposal for a Council recommendation on cancer screening [COM(2003) 230 — C5-0322/2003 — 2003/0093(CNS)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Antonio Mussa (A5-0381/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0502)

(P5_TA(2003)0502)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0502).

(P5_TA(2003)0502).

12.   Identification and registration of sheep and goats * (vote)

(vote)

Report on the proposal for a Council regulation establishing a system for the identification and registration of ovine and caprine animal and amending Regulation (EEC) No 3508/92 [COM(2002) 729 — C5-0027/2003 — 2002/0297(CNS)] — Committee on Agriculture and Rural Development.

Rapporteur: Gordon J. Adam (A5-0386/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0503)

(P5_TA(2003)0503)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0503)

(P5_TA(2003)0503)

The rapporteur spoke.

13.   Official welcome

On behalf of Parliament, the President welcomed the Knesset delegation for relations with the European Parliament, led by its chairman, Mrs Naomi Blumenthal, to the official gallery.

14.   Minimum stocks of crude oil and/or petroleum products * (final vote)

(final vote)

Report on the proposal for a Council directive on repealing Council Directives 68/414/EEC and 98/93/EC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products, and Council Directive 73/238/EEC on measures to mitigate the effects of difficulties in the supply of crude oil and petroleum products [COM(2002) 488 — C5-0489/2002 — 2002/0221(CNS) — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Hans Karlsson (A5-0293/2003).

(This report had been referred back to committee under Rule 68(1) (Minutes of 23.09.2003, Item 15))

(Minutes of 23.09.2003, Item 15))

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0504)

(P5_TA(2003)0504)

Giles Bryan Chichester asked for information about the vote.

*

- *

(From 12.00 to 12.35, a formal sitting of Parliament was held, chaired by Pat Cox, on the occasion of the visit of the President of the Irish Republic, Mary McAleese.)

*

- *

15.   Waste shipments ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on shipments of waste [COM(2003) 379 — C5-0365/2003 — 2003/0139(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Johannes (Hans) Blokland (A5-0391/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0505)

(P5_TA(2003)0505)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0505)

(P5_TA(2003)0505)

16.   Integrating and strengthening the European research area (2002-2006) * (vote)

(vote)

Report on the proposal for a Council decision amending Decision 2002/834/EC on the specific programme for research, technological development and demonstration: ‘Integrating and strengthening the European research area’ (2002-2006) [COM(2003) 390 — C5-0349/2003 — 2003/0151(CNS)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Peter Liese (A5-0369/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0506)

(P5_TA(2003)0506)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0506)

(P5_TA(2003)0506)

The following spoke:

The following spoke:

| — | The rapporteur pointed out that a number of language versions of amendment 24, and Spanish in particular, were incorrect, and that the original version was the English text. |
| --- | --- |

—

The rapporteur pointed out that a number of language versions of amendment 24, and Spanish in particular, were incorrect, and that the original version was the English text.

| — | Before the final vote on the Commission proposal, the rapporteur recommended its rejection. |
| --- | --- |

—

Before the final vote on the Commission proposal, the rapporteur recommended its rejection.

17.   Thematic Strategy for Soil Protection (vote)

(vote)

Report on the Commission communication ‘Towards a Thematic Strategy for Soil Protection’ [COM(2002) 179 — C5-0328/2002 — 2002/2172(COS)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Cristina Gutiérrez-Cortines (A5-0354/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0507)

(P5_TA(2003)0507)

18.   Waste Framework Directive (vote)

(vote)

Report on the follow-up report on Council Directive 75/442/EEC (Waste Framework Directive) [COM(2003) 250 — C5-0409/2003 — 2003/2124(INI)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Johannes (Hans) Blokland (A5-0394/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0508)

(P5_TA(2003)0508)

19.   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 Miguélez Ramos — A5-0385/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Lisi — A5-0365/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Paasilinna — A5-0353/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Mussa — A5-0381/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Adam — A5-0386/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Blokland — A5-0391/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Liese — A5-0369/2003

| — | Seán Ó Neachtain, Patricia McKenna, Linda McAvan, Daniela Raschhofer and Bernd Posselt |
| --- | --- |

—

Seán Ó Neachtain, Patricia McKenna, Linda McAvan, Daniela Raschhofer and Bernd Posselt

Report Gutiérrez-Cortines — A5-0354/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Blokland — A5-0394/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

20.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Miguélez Ramos — A5-0385/2003

| — | amendment 44D

  for: Marjo Matikainen-Kallström

  against: Paul Rübig |
| --- | --- |

—

amendment 44D

for: Marjo Matikainen-Kallström

for:

against: Paul Rübig

against:

| — | amendment 45

  for: Marjo Matikainen-Kallström |
| --- | --- |

—

amendment 45

for: Marjo Matikainen-Kallström

for:

Report Blokland — A5-0391/2003

| — | amendment 114

  for: Johanna L.A. Boogerd-Quaak, Georges Berthu and Fodé Sylla |
| --- | --- |

—

amendment 114

for: Johanna L.A. Boogerd-Quaak, Georges Berthu and Fodé Sylla

for:

| — | amendment 115

  for: Fodé Sylla and Diana Wallis

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

—

amendment 115

for: Fodé Sylla and Diana Wallis

for:

against: Colette Flesch

against:

| — | amendment 116

  for: Fodé Sylla

  against: Frédérique Ries |
| --- | --- |

—

amendment 116

for: Fodé Sylla

for:

against: Frédérique Ries

against:

| — | amendment 117

  for: Fodé Sylla

  against: Frédérique Ries |
| --- | --- |

—

amendment 117

for: Fodé Sylla

for:

against: Frédérique Ries

against:

| — | amendment 121

  for: Fodé Sylla and Mauro Nobilia |
| --- | --- |

—

amendment 121

for: Fodé Sylla and Mauro Nobilia

for:

| — | amendment 83/rev.

  for: Fodé Sylla |
| --- | --- |

—

amendment 83/rev.

for: Fodé Sylla

for:

Report Liese — A5-0369/2003

| — | identical amendments 35, 53

  against: Jacques F. Poos, Eurig Wyn and Luisa Morgantini |
| --- | --- |

—

identical amendments 35, 53

against: Jacques F. Poos, Eurig Wyn and Luisa Morgantini

against:

| — | identical amendments 34, 52

  for: Lone Dybkjær

  against: Alonso José Puerta |
| --- | --- |

—

identical amendments 34, 52

for: Lone Dybkjær

for:

against: Alonso José Puerta

against:

| — | identical amendments 26/rev.

  against: Eurig Wyn |
| --- | --- |

—

identical amendments 26/rev.

against: Eurig Wyn

against:

| — | amendment 55

  against: Eurig Wyn |
| --- | --- |

—

amendment 55

against: Eurig Wyn

against:

| — | amendment 64

  against: Eurig Wyn |
| --- | --- |

—

amendment 64

against: Eurig Wyn

against:

| — | amendment 25

  against: Eurig Wyn |
| --- | --- |

—

amendment 25

against: Eurig Wyn

against:

| — | amendment 10

  for: Eurig Wyn, Carlos Carnero González, Giovanni Pittella and Richard Corbett

  against: Marie-Thérèse Hermange |
| --- | --- |

—

amendment 10

for: Eurig Wyn, Carlos Carnero González, Giovanni Pittella and Richard Corbett

for:

against: Marie-Thérèse Hermange

against:

| — | amendment 18, 3rd part

  for: Avril Doyle |
| --- | --- |

—

amendment 18, 3rd part

for: Avril Doyle

for:

| — | amendment 18, 4th part

  against: Elisabeth Schroedter |
| --- | --- |

—

amendment 18, 4th part

against: Elisabeth Schroedter

against:

| — | identical amendments 27, 37, 45

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

—

identical amendments 27, 37, 45

for: Othmar Karas

for:

| — | identical amendments 28D, 46D, 60D

  for: Concepció Ferrer

  against: Glyn Ford, Othmar Karas and Piia-Noora Kauppi |
| --- | --- |

—

identical amendments 28D, 46D, 60D

for: Concepció Ferrer

for:

against: Glyn Ford, Othmar Karas and Piia-Noora Kauppi

against:

| — | amended proposal

  for: Bart Staes

  against: Cristina Gutiérrez-Cortines, María Antonia Avilés Perea and Salvador Garriga Polledo

  abstention: Françoise de Veyrinas |
| --- | --- |

—

amended proposal

for: Bart Staes

for:

against: Cristina Gutiérrez-Cortines, María Antonia Avilés Perea and Salvador Garriga Polledo

against:

abstention: Françoise de Veyrinas

abstention:

| — | legislative resolution |
| --- | --- |

—

legislative resolution

| — | identical amendments 36, 54

  against: Piia-Noora Kauppi, Othmar Karas and Avril Doyle |
| --- | --- |

—

identical amendments 36, 54

against: Piia-Noora Kauppi, Othmar Karas and Avril Doyle

against:

| — | resolution (as a whole)

  for: Proinsias De Rossa

  against: Harlem Désir, Marie-Thérèse Hermange, Monica Frassoni, Cristina Gutiérrez-Cortines, María Antonia Avilés Perea, Salvador Garriga Polledo and Johannes Voggenhuber

  abstention: Françoise de Veyrinas |
| --- | --- |

—

resolution (as a whole)

for: Proinsias De Rossa

for:

against: Harlem Désir, Marie-Thérèse Hermange, Monica Frassoni, Cristina Gutiérrez-Cortines, María Antonia Avilés Perea, Salvador Garriga Polledo and Johannes Voggenhuber

against:

abstention: Françoise de Veyrinas

abstention:

END OF VOTING TIME

(The sitting, suspended at 13.30, resumed at 15.05.)

(The sitting, suspended at 13.30, resumed at 15.05.)

IN THE CHAIR: James L.C. PROVAN

Vice-President

21.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

22.   Outcome of the EU-Russia summit (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Outcome of the EU-Russia summit

Roberto Antonione (President-in-Office of the Council) and Günther Verheugen (Member of the Commission) made the statements.

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Reino Paasilinna, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Sylviane H. Ainardi, on behalf of the GUE/NGL Group, Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, Bastiaan Belder, on behalf of the EDD Group, Mario Borghezio, Non-attached Member, Antonio Tajani, Giovanni Claudio Fava, Hans Modrow, Olivier Dupuis, Arie M. Oostlander, Bernd Posselt and Roberto Antonione.

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

| — | Ilkka Suominen, Arie M. Oostlander and Bernd Posselt, on behalf of the PPE-DE Group, on the 12th EU-Russia Summit held on 6 November 2003 in Rome (B5-0479/2003), |
| --- | --- |

—

Ilkka Suominen, Arie M. Oostlander and Bernd Posselt, on behalf of the PPE-DE Group, on the 12th EU-Russia Summit held on 6 November 2003 in Rome (B5-0479/2003),

| — | Enrique Barón Crespo, Reino Paasilinna and Giovanni Claudio Fava, on behalf of the PSE Group, on the 12th EU-Russia Summit on 6 November 2003 in Rome (B5-0483/2003), |
| --- | --- |

—

Enrique Barón Crespo, Reino Paasilinna and Giovanni Claudio Fava, on behalf of the PSE Group, on the 12th EU-Russia Summit on 6 November 2003 in Rome (B5-0483/2003),

| — | Daniel Marc Cohn-Bendit, Monica Frassoni, Elisabeth Schroedter and Bart Staes, on behalf of the Verts/ALE Group, on the outcome of the EU-Russia summit held in Rome on 6 November 2003 (B5-0485/2003), |
| --- | --- |

—

Daniel Marc Cohn-Bendit, Monica Frassoni, Elisabeth Schroedter and Bart Staes, on behalf of the Verts/ALE Group, on the outcome of the EU-Russia summit held in Rome on 6 November 2003 (B5-0485/2003),

| — | Ole Andreasen, Astrid Thors and Paavo Väyrynen, on behalf of the ELDR Group, on the outcome of the 12th EU-Russia Summit (Rome, 6 November 2003) (B5-0486/2003), |
| --- | --- |

—

Ole Andreasen, Astrid Thors and Paavo Väyrynen, on behalf of the ELDR Group, on the outcome of the 12th EU-Russia Summit (Rome, 6 November 2003) (B5-0486/2003),

| — | Francis Wurtz, Pernille Frahm and Luigi Vinci, on behalf of the GUE/NGL Group, on the EU-Russia summit (Rome, 6 November 2003) (B5-0487/2003), |
| --- | --- |

—

Francis Wurtz, Pernille Frahm and Luigi Vinci, on behalf of the GUE/NGL Group, on the EU-Russia summit (Rome, 6 November 2003) (B5-0487/2003),

| — | Charles Pasqua, Cristiana Muscardini and Roberta Angelilli, on behalf of the UEN Group, on the twelfth EU-Russia Summit on 6 November 2003 in Rome (B5-0488/2003). |
| --- | --- |

—

Charles Pasqua, Cristiana Muscardini and Roberta Angelilli, on behalf of the UEN Group, on the twelfth EU-Russia Summit on 6 November 2003 in Rome (B5-0488/2003).

The debate closed.

Vote: Minutes of 20.11.2003, Item 17.

Minutes of 20.11.2003, Item 17.

23.   A New Framework for Relations with our Eastern and Southern Neighbours (debate)

(debate)

Report on Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours [COM(2003) 104 — 2003/2018(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Pasqualina Napoletano (A5-0378/2003)

Pasqualina Napoletano introduced the report.

Roberto Antonione (President-in-Office of the Council) spoke.

Günther Verheugen (Member of the Commission) spoke.

The following spoke: Reimer Böge (draftsman of the opinion of the BUDG Committee) and Michael Gahler, on behalf of the PPE-DE Group.

IN THE CHAIR: David W. MARTIN

Vice-President

The following spoke: Jan Marinus Wiersma, on behalf of the PSE Group, Joan Vallvé, on behalf of the ELDR Group, Alexandros Alavanos, on behalf of the GUE/NGL Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Philip Claeys, Non-attached Member, Jas Gawronski, Johannes (Hannes) Swoboda, Paavo Väyrynen, Elmar Brok, Ulpu Iivari, Charles Tannock, Ioannis Souladakis, Per-Arne Arvidsson, Jo Leinen, Carlos Carnero González, Proinsias De Rossa, Reino Paasilinna and Günther Verheugen

The debate closed.

Vote: Minutes of 20.11.2003, Item 18.

Minutes of 20.11.2003, Item 18.

24.   The Northern dimension (statements followed by debate)

(statements followed by debate)

Council and Commission statements: The Northern dimension

Roberto Antonione (President-in-Office of the Council) and Günther Verheugen (Member of the Commission) made the statements.

The following spoke: Ilkka Suominen, on behalf of the PPE-DE Group, Riitta Myller, on behalf of the PSE Group, Paavo Väyrynen, on behalf of the ELDR Group, Esko Olavi Seppänen, on behalf of the GUE/NGL Group, Matti Wuori, on behalf of the Verts/ALE Group, Diana Wallis and Günther Verheugen.

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

| — | Esko Olavi Seppänen, Pernille Frahm, Marianne Eriksson and André Brie, on behalf of the GUE/NGL Group, on the Northern dimension (B5-0472/2003), |
| --- | --- |

—

Esko Olavi Seppänen, Pernille Frahm, Marianne Eriksson and André Brie, on behalf of the GUE/NGL Group, on the Northern dimension (B5-0472/2003),

| — | Reino Paasilinna, Riitta Myller and Ulpu Iivari, on behalf of the PSE Group, on the Second Northern Dimension Action Plan, 2004-2006 (B5-0473/2003), |
| --- | --- |

—

Reino Paasilinna, Riitta Myller and Ulpu Iivari, on behalf of the PSE Group, on the Second Northern Dimension Action Plan, 2004-2006 (B5-0473/2003),

| — | Diana Wallis and Paavo Väyrynen, on behalf of the ELDR Group and Matti Wuori and Bart Staes, on behalf of the Verts/ALE Group, on the Northern Dimension Action Plan (B5-0474/2003), |
| --- | --- |

—

Diana Wallis and Paavo Väyrynen, on behalf of the ELDR Group and Matti Wuori and Bart Staes, on behalf of the Verts/ALE Group, on the Northern Dimension Action Plan (B5-0474/2003),

| — | Mogens N.J. Camre, on behalf of the UEN Group, on the Northern Dimension — New Action Plan 2004-2006 (B5-0477/2003), |
| --- | --- |

—

Mogens N.J. Camre, on behalf of the UEN Group, on the Northern Dimension — New Action Plan 2004-2006 (B5-0477/2003),

| — | Ilkka Suominen and Arie M. Oostlander, on behalf of the PPE-DE Group, on the Second Northern Dimension Action Plan, 2004-2006 (B5-0480/2003). |
| --- | --- |

—

Ilkka Suominen and Arie M. Oostlander, on behalf of the PPE-DE Group, on the Second Northern Dimension Action Plan, 2004-2006 (B5-0480/2003).

The debate closed.

Vote: Minutes of 20.11.2003, Item 19.

Minutes of 20.11.2003, Item 19.

(The sitting was suspended at 17.40 pending Question Time and resumed at 18.00.)

(The sitting was suspended at 17.40 pending Question Time and resumed at 18.00.)

IN THE CHAIR: Alonso José PUERTA

Vice-President

25.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B5-0414/2003).

Question 1 by Alexandros Alavanos: Proposal for a Council decision and civil liberties.

Question 1

Roberto Antonione (President-in-Office of the Council) answered the question and a supplementary by Alexandros Alavanos.

Question 2 by Maurizio Turco: Eurojust.

Question 2

Roberto Antonione answered the question

Marco Cappato (deputising for the author) spoke.

Question 3 by Miguel Angel Martínez Martínez: Human rights of Cuban prisoners in the US.

Question 3

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

Pedro Marset Camposspoke.

Question 4 by Sarah Ludford: International Criminal Court and Guantanamo Bay.

Question 4

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

Question 5 by Camilo Nogueira Román: The situation in Palestine and Israel: the ‘road map’ crisis.

Question 5

Question 6 by Rodi Kratsa-Tsagaropoulou: Geneva Agreement.

Question 6

Roberto Antonione answered the questions answered the questions and supplementaries by Juan Manuel Ferrández Lezaun (deputising for the author) and Rodi Kratsa-Tsagaropoulou.

Question 7 by Josu Ortuondo Larrea: Public aid for modernisation of the fishing fleet.

Question 7

Roberto Antonione answered the question.

Josu Ortuondo Larreaspoke.

Question 8 by Eurig Wyn: Detention of prisoners in France without trial.

Question 8

Roberto Antonione answered the question and supplementaries by Eurig Wyn and Patricia McKenna.

Josu Ortuondo Larrea spoke.

Question 9 by Patricia McKenna: Chechnyan conflict.

Question 9

Roberto Antonione answered the question.

Patricia McKenna spoke.

Question 10 by Linda McAvan: Fire safety equipment in hotels.

Question 10

Roberto Antonione answered the question and a supplementary by Linda McAvan.

Question 11 by Lennart Sacrédeus: ‘The EU as a Christian club’.

Question 11

Roberto Antonione answered the question and supplementaries by Lennart Sacrédeus, Paul Rübig and Bernd Posselt.

Question 12 by Manuel Medina Ortega: New government in Bolivia.

Question 12

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

The President announced that the President-in-Office of the Council could not stay beyond 19.00, even though the Conference of Presidents had decided to maintain the timing initially scheduled in the Agenda for Question Time, i.e. until 19.30. He said that the Bureau would that evening be considering the timing of Question Time.

The following spoke: Bernd Posselt who suggested that Question Time should once again be held during the night sittings (the President undertook to forward his suggestion to the Bureau), María Izquierdo Rojo who deplored the Council's departure and insisted on putting a supplementary to Question 17 (the President cut her off), Miquel Mayol i Raynal, who endorsed the remarks made by the last two speakers, and Paul Rübig, who suggested that statistics be drawn up concerning the attendance of Council representatives in plenary during the latest Council Presidency (the President took note of his request).

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

Council Question Time closed.

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

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

IN THE CHAIR: Joan COLOM i NAVAL

Vice-President

26.   Membership of the temporary committee on improving safety at sea

The Conference of Presidents had fixed the list of members of the temporary committee on improving safety at sea (see Annex 2).

(see Annex 2).

The deadline for tabling amendments was Thursday at 10.00.

The vote would take place on Thursday (Minutes of 20.11.2003, Item 5).

(Minutes of 20.11.2003, Item 5).

27.   Request for consultation of the Economic and Social Committee

The President announced that he had received a letter from the Committee on Culture, Youth, Education, the Media and Sport requesting, in accordance with Rule 52, that the Economic and Social Committee be consulted on ‘The social dimension of culture’.

This request for consultation would be put to the vote the following day at 12.00 (see Minutes of 20.11.2003, Item 6).

(see Minutes of 20.11.2003, Item 6).

28.   Defence equipment (debate)

(debate)

Second report on the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — European Defence — Industrial and market issues — Towards an EU Defence Equipment Policy [COM(2003) 113 — 2003/2096(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Luís Queiró (A5-0370/2003)

Luís Queiró introduced the report.

António Vitorino (Member of the Commission) spoke.

The following spoke: Philippe Morillon, on behalf of the PPE-DE Group, Catherine Lalumière, on behalf of the PSE Group, Patricia McKenna, on behalf of the Verts/ALE Group, Georges Berthu, Non-attached Member, Geoffrey Van Orden, Richard Howitt, Marco Cappato, Stockton,Luís Queiró, on Patricia McKenna's remarks, and António Vitorino.

The debate closed.

Vote: Minutes of 20.11.2003, Item 20.

Minutes of 20.11.2003, Item 20.

29.   Stabilisation and association process for South-East Europe (debate)

(debate)

Report on the Stabilisation and Association Process for South East Europe: Second Annual Report [COM(2003) 139 — 2003/2094(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Joost Lagendijk (A5-0397/2003).

Joost Lagendijk introduced the report.

António Vitorino (Member of the Commission) spoke.

IN THE CHAIR: Catherine LALUMIÈRE

Vice-President

The following spoke: Myrsini Zorba (draftsman of the opinion of the ITRE Committee), Doris Pack, on behalf of the PPE-DE Group, Johannes (Hannes) Swoboda, on behalf of the PSE Group, Joan Vallvé, on behalf of the ELDR Group, Pedro Marset Campos, on behalf of the GUE/NGL Group, Bastiaan Belder, on behalf of the EDD Group, Christos Zacharakis, Ioannis Souladakis and Richard Howitt.

The debate closed.

Vote: Minutes of 20.11.2003, Item 21.

Minutes of 20.11.2003, Item 21.

30.   Support for UNMIK and OHR in Bosnia and Herzegovina (debate)

(debate)

Report on the proposal for a Council Regulation amending Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK) and the Office of the High Representative in Bosnia and Herzegovina (OHR) [COM(2003) 389 — C5-0325/2003 — 2003/0143(CNS)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Johannes (Hannes) Swoboda (A5-0390/2003).

António Vitorino (Member of the Commission) spoke.

Johannes (Hannes) Swoboda introduced the report.

Ursula Stenzel, on behalf of the PPE-DE Group, spoke.

The debate closed.

Vote: Minutes of 20.11.2003, Item 10.

Minutes of 20.11.2003, Item 10.

31.   SIS II (Schengen information system) (debate)

(debate)

Report with a proposal for a European Parliament recommendation to the Council on the second-generation Schengen information system (SIS II) [2003/2180(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Carlos Coelho (A5-0398/2003).

Carlos Coelho introduced the report.

António Vitorino (Member of the Commission)spoke.

The following spoke: Giacomo Santini, on behalf of the PPE-DE Group, Sérgio Sousa Pinto, on behalf of the PSE Group, Ole Krarup, on behalf of the GUE/NGL Group, Marco Cappato, Non-attached Member, Chantal Cauquil, Ilka Schröder and António Vitorino.

The debate closed.

Vote: Minutes of 20.11.2003, Item 7.

Minutes of 20.11.2003, Item 7.

32.   EU-Canada summit (Ottawa, 17 December 2003) (statement followed by debate)

(statement followed by debate)

Commission statement: EU-Canada summit (Ottawa, 17 December 2003).

António Vitorino (Member of the Commission) made the statement.

The following spoke: Jürgen Schröder, on behalf of the PPE-DE Group, David W. Martin, on behalf of the PSE Group, and Graham R. Watson, on behalf of the ELDR Group.

The debate closed.

33.   Agenda for next sitting

The President referred Members to the (document ‘Agenda’ PE 337.907/OJJE).

34.   Closure of sitting

The sitting closed at 23.30.

Julian Priestley

Secretary-General

Alejo Vidal-Quadras Roca

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, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Boogerd-Quaak, Booth, Bordes, Borghezio, Boudjenah, Boumediene-Thiery, Bourlanges, Bouwman, Bowis, Bradbourn, Bremmer, Breyer, 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, Cauquil, Cederschiöld, Cercas, Cerdeira Morterero, Ceyhun, Chichester, Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Corrie, Raffaele Costa, Coûteaux, Cox, Crowley, Cushnahan, van Dam, Dary, Daul, Davies, Dehousse, De Keyser, Dell'Alba, Della Vedova, 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, Dupuis, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Eriksson, Esclopé, Ettl, Jonathan Evans, Robert J.E. Evans, Färm, Fatuzzo, Fava, Ferber, Fernández Martín, Ferrández Lezaun, Ferreira, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flemming, Flesch, Folias, Ford, Formentini, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Gahrton, Galeote Quecedo, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, Gasòliba i Böhm, de Gaulle, Gawronski, Gebhardt, Gemelli, Ghilardotti, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Gobbo, Goebbels, Goepel, 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, Herzog, Hieronymi, Hoff, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jarzembowski, Jean-Pierre, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Kastler, Katiforis, Kaufmann, Kauppi, Keppelhoff-Wiechert, Keßler, Khanbhai, Kindermann, Glenys Kinnock, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korakas, Korhola, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Kreissl-Dörfler, Kronberger, Kuhne, Kuntz, Lage, Lagendijk, Laguiller, Lalumière, Lamassoure, Lang, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Linkohr, Lisi, Lombardo, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Manders, Manisco, Erika Mann, Thomas Mann, Marchiani, Marinho, Marini, Marinos, Markov, Marques, Marset Campos, Martens, David W. Martin, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastella, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Mennea, Mennitti, Menrad, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Morgan, Morgantini, Morillon, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Myller, Naïr, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oostlander, Oreja Arburúa, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Pack, Pannella, Parish, Pasqua, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Pex, Piecyk, Piétrasanta, Pirker, Pittella, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Randzio-Plath, Rapkay, Raschhofer, Raymond, Read, Redondo Jiménez, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, Rod, Rodríguez Ramos, de Roo, Roth-Behrendt, Rothe, Rothley, Roure, Rübig, Rühle, Ruffolo, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santini, dos Santos, Sartori, Sauquillo Pérez del Arco, Savary, Scallon, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Ilka Schröder, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Segni, Seppänen, 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, Sylla, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Trentin, Turchi, Turco, Turmes, Twinn, Vachetta, Väyrynen, Vairinhos, Valdivielso de Cué, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Lancker, Van Orden, Varaut, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Weiler, Wenzel-Perillo, Whitehead, Wiersma, Wijkman, von Wogau, Wuermeling, Wuori, Wurtz, Wyn, Wynn, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen.

Observers:

Bagó Zoltán, Balsai István, Bastys Mindaugas, Bekasovs Martijans, Beneš Miroslav, Beňová Monika, Bonnici Josef, Christodoulidis Doros, Chronowski Andrzej, Chrzanowski Zbigniew, Ciemniak Grażyna, Cilevičs Boriss, Cybulski Zygmunt, Demetriou Panayiotis, Didžiokas Gintaras, Fazakas Szabolcs, Filipek Krzysztof, Frendo Michael, Gałażewski Andrzej, Gawłowski Andrzej, Giertych Maciej, Grabowska Genowefa, Gruber Attila, Grzebisz-Nowicka Zofia, Grzyb Andrzej, Gyürk András, Heriban Jozef, Holáň Vilém, Jaskiernia Jerzy, Kāposts Andis, Kelemen András, Kiršteins Aleksandrs, Klich Bogdan, Kłopotek Eugeniusz, Klukowski Wacław, Kolář Robert, Konečná Kateřina, Kósa Kovács Magda, Kowalska Bronisława, Kozlík Sergej, Kriščiūnas Kęstutis, Kroupa Daniel, Kuzmickas Kęstutis, Kvietkauskas Vytautas, Landsbergis Vytautas, Lepper Andrzej, Libicki Marcin, Lisak Janusz, Lydeka Arminas, Łyżwiński Stanisław, Macierewicz Antoni, Maldeikis Eugenijus, Mallotová Helena, Manninger Jenő, Maštálka Jiří, Matsakis Marios, Mavrou Eleni, Őry Csaba, Palečková Alena, Pasternak Agnieszka, Pęczak Andrzej, Pieniążek Jerzy, Pīks Rihards, Plokšto Artur, Podgórski Bogdan, Protasiewicz Jacek, Pusz Sylwia, Rutkowski Krzysztof, Ševc Jozef, Siekierski Czesław, Surján László, Szczygło Aleksander, Szent-Iványi István, Tabajdi Csaba, Tomaka Jan, Tomczak Witold, Vaculík Josef, Valys Antanas, Vareikis Egidijus, Vastagh Pál, Vella George, Vėsaitė Birutė, Widuch Marek, Wikiński Marek, Wiśniowska Genowefa, Wittbrodt Edmund, Wojciechowski Janusz, Záborská Anna, Żenkiewicz Marian, Žiak Rudolf.

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ANNEX I

CT4

Comisión Temporal sobre el Refuerzo de la Seguridad Marítima

Midlertidigt Udvalg om ØgetSikkerhed til Søs

Nichtständiger Ausschuss für die Verbesserung der Sicherheit auf See

Προσωρινή επιτροπή για τη βελτίωση της ασφάλειας στη θάλασσα

Temporary committee on improving safety at sea

Commission temporaire sur le renforcement de la sécurité maritime

Commissione temporanea sul rafforzamento della sicurezza marittima

Tijdelijke commissie voor de verbetering van de veiligheid op zee

Comissão temporária para o aumento da segurança no mar

Meriturvallisuuden parantamista käsittelevä väliaikainen valiokunta

Tillfälligt utskott för ökad sjösäkerhet

(44 membres)

Membres titulaires

PPE-DE

BRADBOURN Philip Charles

CARDOSO Raquel

CHICHESTER Giles Bryan

FOSTER Jacqueline

GARCÍA-ORCOYEN TORMO Cristina

GROSSETÊTE Françoise

HATZIDAKIS Konstantinos

JARZEMBOWSKI Georg

LANGENHAGEN Brigitte

MARTIN Hugues

MUSOTTO Francesco

PÉREZ ÁLVAREZ Manuel

PEX Peter

RIPOLL Y MARTÍNEZ DE BEDOYA Carlos

ROVSING Christian Foldberg

VARELA SUANZES-CARPEGNA Daniel

VATANEN Ari

PSE

FAVA Giovanni Claudio

GILLIG Marie-Hélène

HEDKVIST PETERSEN Ewa

KARLSSON Hans

MASTORAKIS Emmanouil

MIGUÉLEZ RAMOS Rosa

MYLLER Riitta

PIECYK Wilhelm Ernst

POIGNANT Bernard

SAVARY Gilles

SCHEELE Karin

SIMPSON Brian

WIERSMA Jan Marinus

ELDR

MONSONÍS DOMINGO Enrique

STERCKX Dirk

THORS Astrid

VERMEER Herman

GUE/NGL

AINARDI Sylviane H.

BAKOPOULOS Emmanouil

BERGAZ CONESA María Luisa

Verts/ALE

ISLER BÉGUIN Marie Anne

NOGUEIRA ROMÁN Camilo

ORTUONDO LARREA Josu

UEN

ANDREWS Niall

EDD

ESCLOPÉ Alain

NI

GOROSTIAGA ATXALANDABASO Koldo

SOUCHET Dominique F.C.

---

ANNEX II

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.   Violations of women's rights

Report: SMET (A5-0334/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Major-accident hazards involving dangerous substances ***III

Report: LISI (A5-0365/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: joint text | | + | simple majority |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: joint text

+

simple majority

3.   Enhancing ship and port facility security ***I

Report: MIGUÉLEZ RAMOS (A5-0385/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-5
  7-14
  17-18
  20-32
  36-39 | committee | | + | |
| art 2 | 46 | PSE | | + | |
| 47 | PSE | | + | |
| 48 | PSE | | + | |
| 49 | PSE | | + | |
| art 3, § 1, point 2 | 44 D | ELDR | RCV | - | 68, 425, 7 |
| 15 | committee | | + | |
| art 3, § 2, point 2 | 45 | ELDR | RCV | - | 71, 433, 6 |
| 16 | committee | | + | |
| art 3, §§ 3 and 4 | 50 | PSE | | + | |
| 51 | PSE | | + | |
| art 3, § 5 | 52 | PSE | | + | |
| art 3, after § 6 | 53 | PSE | | + | |
| 19 | committee | | ↓ | |
| art 5, § 1 | 54 | PSE | | + | |
| art 5, § 3 | 55 | PSE | | + | |
| art 7, § 3 | 56 | PSE | | + | |
| art 8, § 1, introduction | 57 | PSE | | + | |
| art 8, §§ 2 and 4 | 58 | PSE | | + | |
| 59 | PSE | | + | |
| 60 | PSE | | + | |
| art 9, § 2 | 61 | PSE | | + | |
| 33 | committee | | ↓ | |
| art 10, § 2 | 34 | committee | | - | |
| 62 | PSE | | + | |
| art 10, § 3 | 35 D | committee | | - | |
| 63 | PSE | | + | |
| art 10, § 6 | 64 | PSE | | + | |
| art 10, § 7 | 41 D | ELDR | EV | + | 300, 216, 2 |
| art 11 | 65 | PSE | | + | |
| 42 | ELDR | | W | |
| art 12 | 43 | ELDR | | + | |
| art 13 | 66 | PSE | | + | |
| art 14 | 67 | PSE | | + | |
| recital 15 | 40 | ELDR | EV | + | 304, 210, 1 |
| 6 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-5

7-14

17-18

20-32

36-39

committee

+

art 2

46

PSE

+

47

PSE

+

48

PSE

+

49

PSE

+

art 3, § 1, point 2

44 D

ELDR

RCV

-

68, 425, 7

15

committee

+

art 3, § 2, point 2

45

ELDR

RCV

-

71, 433, 6

16

committee

+

art 3, §§ 3 and 4

50

PSE

+

51

PSE

+

art 3, § 5

52

PSE

+

art 3, after § 6

53

PSE

+

19

committee

↓

art 5, § 1

54

PSE

+

art 5, § 3

55

PSE

+

art 7, § 3

56

PSE

+

art 8, § 1, introduction

57

PSE

+

art 8, §§ 2 and 4

58

PSE

+

59

PSE

+

60

PSE

+

art 9, § 2

61

PSE

+

33

committee

↓

art 10, § 2

34

committee

-

62

PSE

+

art 10, § 3

35 D

committee

-

63

PSE

+

art 10, § 6

64

PSE

+

art 10, § 7

41 D

ELDR

EV

+

300, 216, 2

art 11

65

PSE

+

42

ELDR

W

art 12

43

ELDR

+

art 13

66

PSE

+

art 14

67

PSE

+

recital 15

40

ELDR

EV

+

304, 210, 1

6

committee

+

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

ELDR: ams 44, 45

Other information

The ELDR Group had withdrawn amendment 42.

4.   European Network and Information Security Agency ***I

Report: PAASILINNA (A5-0353/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| compromise amendments — Block 1 | 54-92
  94-121 | committee | | + | |
| amendments by committee responsible — Block 2 | 11 rev
  12 rev
  17-18
  24
  30-32 | committee | | + | |
| art 5, § 1 | 126 | Verts/ALE + CAPPATO | | - | |
| | 93 | committee | | + | |
| art 25 | 53 | PPE-DE | | W | |
| remainder of text | 122 | Verts/ALE + CAPPATO | | - | |
| | 123 | Verts/ALE + CAPPATO | | - | |
| | 124 | Verts/ALE + CAPPATO | | - | |
| | 125 | Verts/ALE + CAPPATO | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

compromise amendments — Block 1

54-92

94-121

committee

+

amendments by committee responsible — Block 2

11 rev

12 rev

17-18

24

30-32

committee

+

art 5, § 1

126

Verts/ALE + CAPPATO

-

93

committee

+

art 25

53

PPE-DE

W

remainder of text

122

Verts/ALE + CAPPATO

-

123

Verts/ALE + CAPPATO

-

124

Verts/ALE + CAPPATO

-

125

Verts/ALE + CAPPATO

-

vote: amended proposal

+

vote: legislative resolution

+

The Committee on Industry, External Trade, Research and Energy had withdrawn the following amendments:

| — | amendments 1 to 10 |
| --- | --- |

—

amendments 1 to 10

| — | amendment 11 [part concerning Article -1, paragraphs 2 and 3] |
| --- | --- |

—

amendment 11 [part concerning Article -1, paragraphs 2 and 3]

| — | amendment 12 [part concerning Article 1, paragraphs 1 and 2] |
| --- | --- |

—

amendment 12 [part concerning Article 1, paragraphs 1 and 2]

| — | amendments 13 to 16 |
| --- | --- |

—

amendments 13 to 16

| — | amendments 19 to 23 |
| --- | --- |

—

amendments 19 to 23

| — | amendments 25 to 29 |
| --- | --- |

—

amendments 25 to 29

| — | amendments 33 to 52 |
| --- | --- |

—

amendments 33 to 52

It had tabled a number of compromise amendments (amendments 54 to 121 inclusive).

Other information

The PPE-DE Group had withdrawn its amendment 53 (amendment 121 had therefore been put to the vote in Block 1).

5.   Security of supply for petroleum products ***I

Report: KARLSSON (A5-0297/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: legislative resolution | EV | + | 367, 151, 6 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative resolution

EV

+

367, 151, 6

6.   Cancer screening *

Report: MUSSA (A5-0381/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1
  4-5
  7-14
  16-32 | committee | | + | |
| annex | 33 | committee | EV | + | 514, 0, 4 |
| 34 | PPE-DE | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 528, 0, 6 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1

4-5

7-14

16-32

committee

+

annex

33

committee

EV

+

514, 0, 4

34

PPE-DE

↓

vote: amended proposal

+

vote: legislative resolution

RCV

+

528, 0, 6

Amendements 2, 3, 6 and 15 did not concern all language versions and were therefore not put to the vote (Rule 140(1)(d)).

Requests for roll-call votes

UEN: final vote

7.   Identification and registration of sheep and goats *

Report: ADAM (A5-0386/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-11
  13-37
  39-40 | committee | | + | |
| annex, section C | 41 | PPE-DE | | + | |
| 38 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 516, 6, 9 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-11

13-37

39-40

committee

+

annex, section C

41

PPE-DE

+

38

committee

↓

vote: amended proposal

+

vote: legislative resolution

RCV

+

516, 6, 9

Amendment 12 did not concern all language versions and was therefore not put to the vote [Rule 140(1)(d)].

Requests for roll-call votes

PPE-DE: final vote

8.   Minimum stocks of crude oil and/or petroleum products *

Report: KARLSSON (A5-0293/2003)

| Subject | Amendment No. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: legislative resolution | | + | |

Subject

Amendment No.

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative resolution

+

9.   Waste shipments ***I

Report: BLOKLAND (A5-0391/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 2-4
  7-8
  12
  15
  19
  22
  24
  28-31
  33
  35
  38
  40
  42
  47-48
  50-52
  54-59
  61-65
  68
  71-75
  77 | committee | | + | |
| amendments by committee responsible — separate votes | 1 | committee | sep | + | |
| 5 | committee | sep | + | |
| 6 | committee | sep | + | |
| 9 | committee | EV | + | 255, 170, 4 |
| 10 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 11 | committee | sep | + | |
| 13 | committee | sep | + | |
| 14 | committee | sep | + | |
| 17 | committee | sep | + | |
| 18 | committee | sep | + | |
| 32 | committee | sep | + | |
| 34 | committee | sep | + | |
| 37 | committee | sep | + | |
| 39 | committee | EV | + | 267, 208, 10 |
| 41 | committee | sep | + | |
| 44 | committee | sep | + | |
| 45 | committee | sep | + | |
| 49 | committee | sep | + | |
| 53 | committee | sep | + | |
| 66 | committee | sep | + | |
| 69 | committee | sep | + | |
| 70 | committee | sep | + | |
| 76 | committee | sep | + | |
| interim recovery or disposal operations | 21
  26
  27
  85/rev. D + 91/rev. D | committee




  committee


  EDD + GUE + Verts + FLEMMING
  EDD + GUE + Verts + FLEMMING | sep
  sep
  sep | +
  +
  +
  - | |
| art 1, after § 6 | 112 | Verts + BLOKLAND | | + | |
| art 2, point 15 | 92/rev. | EDD + GUE + Verts + FLEMMING | | + | |
| art 2, point 17 | 113 | Verts/ALE | | + | |
| | 93 | PPE-DE | | ↓ | |
| art 3, § 1 | 79 | PSE | | + | |
| | 16 | committee | | ↓ | |
| art 3, § 4 | 94 | PPE-DE | | - | |
| art 3, § 5 | 114 | Verts/ALE | RCV | - | 92, 424, 10 |
| | 20 | committee | | + | |
| art 4, § 4 | 95 | PPE-DE | EV | - | 239, 276, 7 |
| art 4, § 5 | 84/rev. | EDD + GUE + Verts + FLEMMING | EV | + | 276, 232, 4 |
| art 5, point 1 | 126 | EDD | | + | |
| 23 | committee | | ↓ | |
| art 5, point 5 | 96 | PPE-DE | EV | + | 281, 239, 6 |
| art 5, after § 5 | 122 | EDD | | + | |
| | 25 | committee | | ↓ | |
| art 7, § 2 | 97 | PPE-DE | | + | |
| art 10, § 1 | 98 | PPE-DE | | - | |
| art 10, § 4 and until after § 5 | 86/rev. | EDD + GUE + Verts + FLEMMING | EV | + | 279, 242, 3 |
| 87/rev. | EDD + GUE + Verts + FLEMMING | | + | |
| 88/rev. | EDD + GUE + Verts + FLEMMING | | + | |
| art 12, § 1, before point (a) | 115 | Verts + BLOKLAND | RCV | + | 309, 212, 10 |
| art 12, § 1, after point (d)


  (household waste) | 80 | PSE | | + | |
| 36 | committee | | ↓ | |
| art 13, § 1, before point (a) | 116 | Verts + BLOKLAND | RCV | + | 308, 205,11 |
| 117 | Verts + BLOKLAND | RCV | + | 273, 238, 12 |
| art 13, § 1, after point (d)


  (household waste) | 81 | PSE | | + | |
| 43 | committee | | ↓ | |
| art 13, § 1, after point (d)


  (calorific value) | 120 | Verts/ALE | | - | |
| 124 | EDD + Verts/ALE | EV | - | 227, 286, 5 |
| art 13, § 1, after point (d)


  (recovery) | 90/rev. | EDD + GUE + Verts + FLEMMING | | - | |
| 118 | Verts/ALE | | - | |
| 123 | EDD | split | | |
| 1 | - | |
| 2 | ↓ | |
| art 13, § 1, after point (d)


  (final product) | 89/rev. | EDD + GUE + Verts + FLEMMING | | - | |
| art 13, § 1, point (e) | 119 | Verts/ALE | | - | |
| 82 | PSE | split | | |
| 1 | + | |
| 2 | - | |
| 46 | committee | split | | |
| 1 | + | |
| 2 | - | |
| art 14, after § 7 | 99 | PPE-DE | | + | |
| after art 14 | 125 | EDD | EV | - | 237, 273, 11 |
| 60 | committee | EV | + | 280, 232, 2 |
| art 17, § 1, point (c) | 100 | PPE-DE | | + | |
| art 19, § 2 | 105 | PPE-DE | | + | |
| art 28 | 101 | PPE-DE | | + | |
| art 30 | 102 | PPE-DE | | - | |
| art 45, after § 3 | 121 | Verts + BLOKLAND | RCV | + | 295, 213, 25 |
| art 61 | 103 | PPE-DE | | + | |
| art 62 | 104 S | PPE-DE | | - | |
| 67 | committee | | + | |
| annex 3 | 78 =
  106 = | PSE
  PPE-DE | | + | |
| recital 1 | 83/rev. | EDD + GUE + Verts + FLEMMING | RCV | + | 286, 236, 17 |
| after recital 8 | 107 | Verts + BLOKLAND | | + | |
| 108 | Verts + BLOKLAND | | + | |
| 110 | Verts + BLOKLAND | | + | |
| recital 9 | 109 | Verts + BLOKLAND | | + | |
| after recital 32 | 111 | Verts + BLOKLAND | | + | |
| vote: amended proposal | EV | + | 301, 207, 14 |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

2-4

7-8

12

15

19

22

24

28-31

33

35

38

40

42

47-48

50-52

54-59

61-65

68

71-75

77

committee

+

amendments by committee responsible — separate votes

1

committee

sep

+

5

committee

sep

+

6

committee

sep

+

9

committee

EV

+

255, 170, 4

10

committee

split

1

+

2

+

11

committee

sep

+

13

committee

sep

+

14

committee

sep

+

17

committee

sep

+

18

committee

sep

+

32

committee

sep

+

34

committee

sep

+

37

committee

sep

+

39

committee

EV

+

267, 208, 10

41

committee

sep

+

44

committee

sep

+

45

committee

sep

+

49

committee

sep

+

53

committee

sep

+

66

committee

sep

+

69

committee

sep

+

70

committee

sep

+

76

committee

sep

+

interim recovery or disposal operations

21

26

27

85/rev. D + 91/rev. D

committee

committee

EDD + GUE + Verts + FLEMMING

EDD + GUE + Verts + FLEMMING

sep

sep

sep

+

+

+

+

art 1, after § 6

112

Verts + BLOKLAND

+

art 2, point 15

92/rev.

EDD + GUE + Verts + FLEMMING

+

art 2, point 17

113

Verts/ALE

+

93

PPE-DE

↓

art 3, § 1

79

PSE

+

16

committee

↓

art 3, § 4

94

PPE-DE

-

art 3, § 5

114

Verts/ALE

RCV

-

92, 424, 10

20

committee

+

art 4, § 4

95

PPE-DE

EV

-

239, 276, 7

art 4, § 5

84/rev.

EDD + GUE + Verts + FLEMMING

EV

+

276, 232, 4

art 5, point 1

126

EDD

+

23

committee

↓

art 5, point 5

96

PPE-DE

EV

+

281, 239, 6

art 5, after § 5

122

EDD

+

25

committee

↓

art 7, § 2

97

PPE-DE

+

art 10, § 1

98

PPE-DE

-

art 10, § 4 and until after § 5

86/rev.

EDD + GUE + Verts + FLEMMING

EV

+

279, 242, 3

87/rev.

EDD + GUE + Verts + FLEMMING

+

88/rev.

EDD + GUE + Verts + FLEMMING

+

art 12, § 1, before point (a)

115

Verts + BLOKLAND

RCV

+

309, 212, 10

art 12, § 1, after point (d)

(household waste)

80

PSE

+

36

committee

↓

art 13, § 1, before point (a)

116

Verts + BLOKLAND

RCV

+

308, 205,11

117

Verts + BLOKLAND

RCV

+

273, 238, 12

art 13, § 1, after point (d)

(household waste)

81

PSE

+

43

committee

↓

art 13, § 1, after point (d)

(calorific value)

120

Verts/ALE

-

124

EDD + Verts/ALE

EV

-

227, 286, 5

art 13, § 1, after point (d)

(recovery)

90/rev.

EDD + GUE + Verts + FLEMMING

-

118

Verts/ALE

-

123

EDD

split

1

-

2

↓

art 13, § 1, after point (d)

(final product)

89/rev.

EDD + GUE + Verts + FLEMMING

-

art 13, § 1, point (e)

119

Verts/ALE

-

82

PSE

split

1

+

2

-

46

committee

split

1

+

2

-

art 14, after § 7

99

PPE-DE

+

after art 14

125

EDD

EV

-

237, 273, 11

60

committee

EV

+

280, 232, 2

art 17, § 1, point (c)

100

PPE-DE

+

art 19, § 2

105

PPE-DE

+

art 28

101

PPE-DE

+

art 30

102

PPE-DE

-

art 45, after § 3

121

Verts + BLOKLAND

RCV

+

295, 213, 25

art 61

103

PPE-DE

+

art 62

104 S

PPE-DE

-

67

committee

+

annex 3

78 =

106 =

PSE

PPE-DE

+

recital 1

83/rev.

EDD + GUE + Verts + FLEMMING

RCV

+

286, 236, 17

after recital 8

107

Verts + BLOKLAND

+

108

Verts + BLOKLAND

+

110

Verts + BLOKLAND

+

recital 9

109

Verts + BLOKLAND

+

after recital 32

111

Verts + BLOKLAND

+

vote: amended proposal

EV

+

301, 207, 14

vote: legislative resolution

+

Requests for split votes

PPE-DE

am 10

1st part: text as a whole except the figures (Articles) ‘21, 30, 33’

2nd part: those figures

Verts/ALE

am 82

1st part: the deletion of the words ‘economic and/or’

2nd part: that deletion

am 46

1st part: the deletion of the words ‘economic and/or’

2nd part: that deletion

EDD, Verts/ALE

am 123

1st part: up to ‘recovered’

2nd part: remainder

Requests for roll-call votes

Verts/ALE: ams 114, 115, 116, 117, 121, 83

Requests for separate vote

PPE-DE: ams 1, 6, 13, 14, 17, 18, 32, 34, 37, 39, 41, 44, 45, 49, 53, 66, 69, 70

PSE: ams 9, 11, 13, 14, 21, 26, 27, 34, 41

ELDR: am 9

Verts/ALE: ams 5, 76

EDD: am 5

10.   Integrating and strengthening the European research area *

Report: LIESE (A5-0369/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for rejection | 35 =
  53 = | UEN
  EDD | RCV | - | 90, 444, 6 |
| annex I, point 1.1, §§ 18 to 22 | 34 =
  52 = | UEN
  EDD | RCV | - | 196, 321, 20 |
| 26/rev =
  44 = | PPE-DE
  GARGANI ao | RCV | - | 187, 334, 16 |
| 55 | EDD | RCV | - | 194, 332, 15 |
| annex I, point 1.1, § 18, introduction | 24 | PPE-DE | split/RCV | | |
| 1 | - | 237, 295, 8 |
| 2 | - | 196, 338, 7 |
| annex, point 1.1, § 18, point (b) | 64 | EDD ao | RCV | - | 206, 316, 14 |
| 25 | PPE-DE | RCV | - | 231, 296, 11 |
| 10 | committee | RCV | + | 291, 235, 12 |
| 68 | BOWE ao | | ↓ | |
| annex I, point 1.1, § 18, point (d) | 11 D | committee | EV | - | 251, 276, 3 |
| 65 | EDD ao | RCV | - | 241, 295, 6 |
| annex I, point 1.1, § 18, point (e) | 56 | Verts/ALE | | - | |
| 12 | committee | split | | |
| 1 | + | |
| 2/EV | - | 254, 256, 5 |
| annex I, point 1.1, § 18, point (f) | 13 | committee | | + | |
| 66 | EDD ao | | - | |
| annex I, point 1.1, § 18, point (g) | 14 | committee | | + | |
| 57 | Verts/ALE | | - | |
| annex I, point 1.1, remainder of § 18 and until after § 20 | 15 | committee | sep | + | |
| 16 | committee | EV | + | 412, 116, 2 |
| 17 | committee | sep | + | |
| 18 | committee | split/ RCV | | |
| 1 | + | 488, 11, 38 |
| 2 | + | 314, 211, 11 |
| 3 | + | 486, 39, 4 |
| 4 | + | 281, 248, 3 |
| annex I, point 1.1, § 21 | 58 | Verts/ALE | | - | |
| annex I, point 1.1, § 22 | 67 | EDD ao | | - | |
| 19 | committee | | + | |
| recital 4 | 1 | committee | split | | |
| 1 | + | |
| 2/EV | + | 299, 205, 6 |
| 27 =
  37 =
  45 = | UEN
  GARGANI ao
  EDD | | ↓ | |
| recital 5 | 28 D=
  46 D=
  60 D= | UEN
  EDD
  EDD ao | RCV | - | 112, 419, 11 |
| 38 | GARGANI ao | | - | |
| 2 | committee | EV | + | 365, 143, 9 |
| after recital 5 | 3 | committee | sep | + | |
| 4 | committee | | + | |
| recital 6 | 29 =
  47 = | UEN
  EDD | RCV | - | 194, 328, 11 |
| 39 | GARGANI ao | | - | |
| 5 | committee | | + | |
| 61 | EDD ao | | ↓ | |
| 59 | BOWE ao | | ↓ | |
| after recital 6 | 6 | committee | | + | |
| 7 | committee | split | | |
| 1 | + | |
| 2 | + | |
| recital 7 | 30 D=
  48 D= | UEN
  EDD | | - | |
| 40 | GARGANI ao | | - | |
| 62 | EDD ao | | - | |
| 8 | committee | | + | |
| recital 8 | 31 D=
  49 D= | UEN
  EDD | | - | |
| 41/rev. | GARGANI ao | | - | |
| recital 9 | 32 D=
  42 D=
  50 D= | UEN
  GARGANI ao
  EDD | | - | |
| recital 10 | 33 D=
  43 D=
  51 D= | UEN
  GARGANI ao
  EDD | | - | |
| 63 | EDD ao | EV | - | 237, 278, 7 |
| after recital 10 | 9 | committee | | + | |
| vote: amended proposal | RCV | + | 298, 214, 21 |
| draft legislative resolution |
| § 2 | 36 =
  54 = | UEN
  EDD | RCV | - | 92, 425, 10 |
| vote: legislative resolution | RCV | + | 300, 210, 19 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for rejection

35 =

53 =

UEN

EDD

RCV

-

90, 444, 6

annex I, point 1.1, §§ 18 to 22

34 =

52 =

UEN

EDD

RCV

-

196, 321, 20

26/rev =

44 =

PPE-DE

GARGANI ao

RCV

-

187, 334, 16

55

EDD

RCV

-

194, 332, 15

annex I, point 1.1, § 18, introduction

24

PPE-DE

split/RCV

1

-

237, 295, 8

2

-

196, 338, 7

annex, point 1.1, § 18, point (b)

64

EDD ao

RCV

-

206, 316, 14

25

PPE-DE

RCV

-

231, 296, 11

10

committee

RCV

+

291, 235, 12

68

BOWE ao

↓

annex I, point 1.1, § 18, point (d)

11 D

committee

EV

-

251, 276, 3

65

EDD ao

RCV

-

241, 295, 6

annex I, point 1.1, § 18, point (e)

56

Verts/ALE

-

12

committee

split

1

+

2/EV

-

254, 256, 5

annex I, point 1.1, § 18, point (f)

13

committee

+

66

EDD ao

-

annex I, point 1.1, § 18, point (g)

14

committee

+

57

Verts/ALE

-

annex I, point 1.1, remainder of § 18 and until after § 20

15

committee

sep

+

16

committee

EV

+

412, 116, 2

17

committee

sep

+

18

committee

split/ RCV

1

+

488, 11, 38

2

+

314, 211, 11

3

+

486, 39, 4

4

+

281, 248, 3

annex I, point 1.1, § 21

58

Verts/ALE

-

annex I, point 1.1, § 22

67

EDD ao

-

19

committee

+

recital 4

1

committee

split

1

+

2/EV

+

299, 205, 6

27 =

37 =

45 =

UEN

GARGANI ao

EDD

↓

recital 5

28 D=

46 D=

60 D=

UEN

EDD

EDD ao

RCV

-

112, 419, 11

38

GARGANI ao

-

2

committee

EV

+

365, 143, 9

after recital 5

3

committee

sep

+

4

committee

+

recital 6

29 =

47 =

UEN

EDD

RCV

-

194, 328, 11

39

GARGANI ao

-

5

committee

+

61

EDD ao

↓

59

BOWE ao

↓

after recital 6

6

committee

+

7

committee

split

1

+

2

+

recital 7

30 D=

48 D=

UEN

EDD

-

40

GARGANI ao

-

62

EDD ao

-

8

committee

+

recital 8

31 D=

49 D=

UEN

EDD

-

41/rev.

GARGANI ao

-

recital 9

32 D=

42 D=

50 D=

UEN

GARGANI ao

EDD

-

recital 10

33 D=

43 D=

51 D=

UEN

GARGANI ao

EDD

-

63

EDD ao

EV

-

237, 278, 7

after recital 10

9

committee

+

vote: amended proposal

RCV

+

298, 214, 21

draft legislative resolution

§ 2

36 =

54 =

UEN

EDD

RCV

-

92, 425, 10

vote: legislative resolution

RCV

+

300, 210, 19

Amendments 20 to 23 had been withdrawn.

Mrs MONTFORT had signed amendments 37 to 44, including amendment 41/rev. in her own name.

Requests for split votes

PPE-DE

am 12

1st part: up to ‘cells’

2nd part: remainder

am 18

1st part: up to ‘financing’

2nd part:‘there is no ... scientific laboratories’

3rd part: remainder of text except the words ‘or therapeutic’

4th part: those words

am 1

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

2nd part: those words

am 7

1st part: up to ‘purposes’

2nd part: remainder

Verts/ALE

am 24

1st part: up to ‘will not be funded’

2nd part: remainder

Requests for roll-call votes

PPE-DE: ams 34/52, 26 rev./44, 55, 24, 64, 25, 10, amended proposal, final vote

ELDR: ams 10, 18 and final vote

GUE/NGL: ams 26/rev., 10, 18

UEN: ams 24, 25, 28, 29, 34, 35, 44, and final vote

EDD: ams 35/53, 34/52, 55, 64, 65, 36/54, amended proposal

Requests for separate vote

PPE-DE: ams 3, 16

ELDR: am 16

Verts/ALE: ams 15, 18, 24

GUE/NGL: ams 15, 16, 17, 18

UEN: ams 7, 18

11.   Thematic Strategy for Soil Protection

Report: GUTIÉRREZ-CORTINES (A5-0354/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 2 | 1 | PSE | | + | |
| § 16 | | original text | split | | |
| 1 | + | |
| 2/EV | - | 185,212,14 |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 2

1

PSE

+

§ 16

original text

split

1

+

2/EV

-

185,212,14

vote: resolution (as a whole)

+

Requests for split votes

Verts/ALE

§ 16

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

2nd part: that word

12.   Waste Framework Directive

Report: BLOKLAND (A5-0394/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 13 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 14 | 2 | Verts/ALE | | - | |
| after § 17 | 1/rev. | EDD + Verts + GUE + PSE | RCV | - | 212, 215, 9 |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 13

§

original text

split

1

+

2

+

§ 14

2

Verts/ALE

-

after § 17

1/rev.

EDD + Verts + GUE + PSE

RCV

-

212, 215, 9

vote: resolution (as a whole)

+

Requests for split votes

PPE-DE

§ 13

1st part: up to ‘for domestic refuse’

2nd part: remainder

Requests for roll-call votes

Verts/ALE 1/rev.

---

ANNEX III

RESULT OF ROLL-CALL VOTES

Amendment 44

For: 68

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

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Calò, Clegg, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Watson

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

PPE-DE: Bébéar, Sacrédeus, Wijkman

UEN: Berlato, Camre, Marchiani, Pasqua, Ribeiro e Castro

Against: 425

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

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

NI: Beysen, Cappato, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Mennea, Pannella

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, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Descamps, Deva, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Zabell, Zacharakis, Zappalà, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Mussa, Nobilia, Ó Neachtain, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Graefe zu Baringdorf, Hudghton, Jonckheer, Lagendijk, Lipietz, MacCormick, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Abstention: 7

ELDR: Boogerd-Quaak

NI: Della Vedova, de Gaulle, Gollnisch, Lang, Stirbois

PPE-DE: Kauppi

Amendment 45

For: 71

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

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

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

PPE-DE: Langenhagen, Sacrédeus

PSE: Ford, Hoff

UEN: Marchiani, Pasqua, Ribeiro e Castro

Verts/ALE: Breyer, Nogueira Román

Against: 433

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

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

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Mennea, Pannella, Turco

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

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Mussa, Nobilia, Ó Neachtain, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Buitenweg, Cohn-Bendit, Dhaene, Frassoni, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lannoye, MacCormick, Maes, Mayol i Raynal, Onesta, Piétrasanta, de Roo, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Abstention: 6

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

Resolution

For: 528

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

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

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

NI: Berthu, Beysen, Borghezio, Claeys, Dell'Alba, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Mennea, Pannella, Raschhofer, Souchet, Speroni, Stirbois, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, 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, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, 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, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

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

Abstention: 6

EDD: Booth, Coûteaux, Titford

GUE/NGL: Sjöstedt

NI: Cappato, Della Vedova

Resolution

For: 516

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

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

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

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, 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, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

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

Against: 6

EDD: Andersen, Bonde, Booth, Sandbæk, Titford

PPE-DE: Sacrédeus

Abstention: 9

EDD: Coûteaux

GUE/NGL: Eriksson, Frahm

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

Amendment 114

For: 92

EDD: Andersen, Bonde, Sandbæk

ELDR: Vallvé

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

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Mennea, Raschhofer, Speroni

PPE-DE: Flemming, Karas, Oomen-Ruijten, Schierhuber, Stauner, Stenzel, Wijkman

PSE: Lund

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 424

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

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

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, 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, Gemelli, 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, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, 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, Villiers, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Verts/ALE: Jonckheer, Lagendijk, Turmes

Abstention: 10

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

PPE-DE: McMillan-Scott

PSE: Dehousse

Amendment 115

For: 309

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

ELDR: Andreasen, Attwooll, Boogerd-Quaak, Busk, Calò, Clegg, Davies, De Clercq, Di Pietro, Duff, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Sanders-ten Holte, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Vermeer, Virrankoski

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

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

PPE-DE: Flemming, Karas, Maat, Oomen-Ruijten, Rübig, Sacrédeus, Schierhuber, Stenzel

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

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

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

Against: 212

EDD: Booth, Farage, Titford

ELDR: André-Léonard, Dybkjær, Nordmann, Ries, Riis-Jørgensen, Sterckx, Van Hecke, Wallis, Watson

NI: Beysen

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, 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, Gemelli, 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, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, 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, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

Abstention: 10

ELDR: Manders

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

PSE: Dehousse, Evans Robert J.E., Honeyball

Amendment 116

For: 308

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

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

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

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

PPE-DE: Flemming, Karas, Rübig, Sacrédeus, Schierhuber, Stenzel, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Hazan, Hedkvist Petersen, Hoff, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Buitenweg, Cohn-Bendit, Dhaene, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 205

EDD: Booth, Farage, Titford

ELDR: André-Léonard, Nordmann

NI: Beysen

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, 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, Gemelli, 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, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, 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, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

Abstention: 11

EDD: Mathieu, Raymond

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

PSE: Evans Robert J.E., Honeyball, Moraes

Amendment 117

For: 273

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

ELDR: Boogerd-Quaak, De Clercq, Pesälä, Pohjamo

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schröder Ilka, Seppänen, Sjöstedt, Vinci, Wurtz

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

PPE-DE: Flemming, Karas, Rübig, Sacrédeus, Schierhuber, Stenzel, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Buitenweg, Cohn-Bendit, Dhaene, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 238

EDD: Booth, Farage, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Calò, Clegg, Davies, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Plooij-van Gorsel, Procacci, Riis-Jørgensen, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

NI: Beysen

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, 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, Gemelli, 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, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lehne, Liese, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, 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, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

Abstention: 12

EDD: Mathieu, Raymond

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

PSE: Evans Robert J.E., Honeyball, Moraes, Rodríguez Ramos

Amendment 121

For: 295

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

ELDR: Andreasen, Attwooll, Boogerd-Quaak, Busk, Calò, Clegg, Cox, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

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

PPE-DE: Ferri, Flemming, Podestà, Sacrédeus, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Angelilli, Berlato, Bigliardo, Crowley, Hyland, Mussa, Ó Neachtain, Segni, Turchi

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

Against: 213

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

ELDR: André-Léonard, Flesch, Nordmann, Ries, Sterckx

NI: Beysen

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, 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, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Whitehead

UEN: Nobilia, Queiró

Abstention: 25

EDD: Abitbol, Coûteaux, Kuntz

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

PSE: Evans Robert J.E., Honeyball, Moraes

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

Amendment 83/rev.

For: 286

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

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

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

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

PPE-DE: Ferri, Flemming, Liese, Oomen-Ruijten, Rübig, Sacrédeus, Schierhuber, Stenzel, Wijkman

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Morgan, Müller, Murphy, Myller, Napoletano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre

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

Against: 236

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

ELDR: André-Léonard, Nordmann, Ries, Sterckx

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, 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, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

Abstention: 17

EDD: Booth, Farage, Titford

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

PSE: Evans Robert J.E., Honeyball, Moraes

Amendments 35 + 53

For: 90

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

GUE/NGL: Fiebiger, Herzog, Kaufmann, Markov, Modrow, Morgantini

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

PPE-DE: Beazley, Deva, Dover, Evans Jonathan, Ferrer, Ferri, Fiori, Flemming, Heaton-Harris, Mauro, Mennitti, Montfort, Sacrédeus, Santini, Scallon, Vatanen

PSE: Hume, Poos

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Dhaene, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber

Against: 444

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Naïr, Patakis, Puerta, Scarbonchi, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, De Veyrac, Doorn, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, 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, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

UEN: Camre, Mussa

Verts/ALE: Buitenweg, Hudghton, Jonckheer, Lagendijk, MacCormick, Maes, Mayol i Raynal, Onesta, de Roo, Sörensen, Staes, Wuori, Wyn

Abstention: 6

ELDR: Boogerd-Quaak

GUE/NGL: Vachetta

PPE-DE: Mombaur

PSE: Rothley

Verts/ALE: Cohn-Bendit, Frassoni

Amendments 34 + 52

For: 196

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

ELDR: Dybkjær, Gasòliba i Böhm

GUE/NGL: Dary, Fiebiger, Kaufmann, Manisco, Markov, Modrow, Puerta, Scarbonchi

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

PPE-DE: Almeida Garrett, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Camisón Asensio, Cardoso, Coelho, Costa Raffaele, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Nassauer, Niebler, Oostlander, Pack, Parish, Pérez Álvarez, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Stockton, Tajani, Theato, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, von Wogau, Wuermeling, Zappalà, Zimmerling, Zissener

PSE: Hume

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Against: 321

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Brunetta, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Folias, Foster, Fourtou, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Kauppi, Knolle, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Pacheco Pereira, Perry, Pex, Pomés Ruiz, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Sturdy, Sudre, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wijkman, Zabell, Zacharakis

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

UEN: Camre, Mussa

Verts/ALE: Buitenweg, Dhaene, Hudghton, Lagendijk, MacCormick, Maes, Mayol i Raynal, de Roo, Sörensen, Staes

Abstention: 20

PPE-DE: Andria, Bradbourn, Cocilovo, Fernández Martín, Hannan, Jean-Pierre, Naranjo Escobar, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pastorelli, Schmitt, Sumberg, Tannock, Twinn

PSE: Rothley

Verts/ALE: Cohn-Bendit, Frassoni

Amendments 26/rev. + 44

For: 187

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

ELDR: Gasòliba i Böhm

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow

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

PPE-DE: Almeida Garrett, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Brunetta, Camisón Asensio, Cardoso, Coelho, Costa Raffaele, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Pack, Parish, Pérez Álvarez, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Tajani, Theato, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, von Wogau, Wuermeling, Zappalà, Zimmerling, Zissener

PSE: Hume

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Against: 334

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Folias, Foster, Fourtou, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Karas, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Oreja Arburúa, Pacheco Pereira, Perry, Pomés Ruiz, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wijkman, Zabell, Zacharakis

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

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Frassoni, Hudghton, Lagendijk, MacCormick, Maes, Mayol i Raynal, Onesta, de Roo, Sörensen, Staes, Wyn

Abstention: 16

PPE-DE: Andria, Bradbourn, Cocilovo, Fernández Martín, Hannan, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Pastorelli, Pex, Stenzel, Tannock, Twinn

PSE: Rothley

Verts/ALE: Cohn-Bendit

Amendment 55

For: 194

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

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow

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

PPE-DE: Almeida Garrett, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Brunetta, Cardoso, Coelho, Costa Raffaele, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Tajani, Theato, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, von Wogau, Wuermeling, Zappalà, Zimmerling, Zissener

PSE: Hume

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Mayol i Raynal, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Against: 332

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Folias, Foster, Fourtou, García-Orcoyen Tormo, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Pacheco Pereira, Perry, Pex, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wijkman, Zabell, Zacharakis

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

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Hudghton, Lagendijk, MacCormick, Maes, de Roo, Sörensen, Staes, Wyn

Abstention: 15

ELDR: Gasòliba i Böhm

PPE-DE: Andria, Bradbourn, Cocilovo, Fernández Martín, Lombardo, Nicholson, Nisticò, Oomen-Ruijten, Schmitt, Tannock, Twinn

PSE: Rothley

Verts/ALE: Cohn-Bendit, Frassoni

Amendment 24, 1st part

For: 237

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

ELDR: Calò, Gasòliba i Böhm, Procacci

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow

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

PPE-DE: Almeida Garrett, Andria, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bowis, Bremmer, Brok, Brunetta, Callanan, Camisón Asensio, Cardoso, Cocilovo, Coelho, Costa Raffaele, Cushnahan, De Mita, Deva, Doorn, Dover, Doyle, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Sumberg, Tajani, Tannock, Theato, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Ceyhun, Désir, Gebhardt, Gröner, Hänsch, Haug, Hume, Kreissl-Dörfler, Kuhne, Lange, Martínez Martínez, Müller, Piecyk, Rothe, Schmid Gerhard, Stockmann, Walter, Weiler

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Voggenhuber, Wuori, Wyn

Against: 295

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Bébéar, Bourlanges, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Daul, Deprez, Descamps, De Veyrac, Elles, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Pacheco Pereira, Perry, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Thyssen, Trakatellis, Van Orden, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Glante, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Lage, Lalumière, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre

Verts/ALE: Bouwman, Buitenweg, Dhaene, Hudghton, Lagendijk, MacCormick, Maes, Onesta, de Roo, Sörensen, Staes

Abstention: 8

PPE-DE: Bradbourn, Nicholson

PSE: Roth-Behrendt, Rothley

Verts/ALE: Cohn-Bendit, Frassoni, Mayol i Raynal, Turmes

Amendment 24, 2nd part

For: 196

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

ELDR: Calò, Di Pietro, Gasòliba i Böhm, Lynne, Procacci

NI: Borghezio, Gobbo, Mennea, Speroni

PPE-DE: Almeida Garrett, Andria, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Callanan, Camisón Asensio, Cardoso, Cocilovo, Coelho, Costa Raffaele, Cushnahan, Daul, De Mita, Descamps, Deva, Doyle, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Flemming, Florenz, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Stevenson, Sudre, Sumberg, Tajani, Tannock, Theato, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Ceyhun, Désir, Gebhardt, Gröner, Hänsch, Haug, Kreissl-Dörfler, Kuhne, Lange, Müller, Piecyk, Pittella, Rothe, Schmid Gerhard, Stockmann, Walter, Weiler

UEN: Mussa

Verts/ALE: Ahern, Bouwman, Buitenweg, Dhaene, Hudghton, Jonckheer, Lagendijk, MacCormick, Maes, de Roo, Sörensen, Staes

Against: 338

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

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

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

NI: Berthu, Beysen, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Pannella, Raschhofer, Souchet, Stirbois, Turco, Varaut

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Bourlanges, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Deprez, De Veyrac, Doorn, Dover, Elles, Fiori, Folias, Foster, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Matikainen-Kallström, Mauro, Pacheco Pereira, Perry, Pex, Provan, Purvis, Sacrédeus, Scallon, Smet, Stenmarck, Stockton, Sturdy, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Glante, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Lage, Lalumière, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Voggenhuber, Wuori, Wyn

Abstention: 7

PPE-DE: Nicholson

PSE: Roth-Behrendt, Rothley

UEN: Muscardini

Verts/ALE: Cohn-Bendit, Frassoni, Turmes

Amendment 64

For: 206

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

ELDR: Di Pietro, Gasòliba i Böhm

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

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

PPE-DE: Almeida Garrett, Andria, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Brunetta, Callanan, Camisón Asensio, Cardoso, Coelho, Costa Raffaele, De Mita, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Hannan, Hansenne, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Sumberg, Tajani, Theato, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Désir, Gebhardt, Gröner, Hänsch, Hume, Kreissl-Dörfler, Piecyk, Rothe, Schmid Gerhard

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Wuori, Wyn

Against: 316

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Florenz, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Hermange, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Menrad, Pacheco Pereira, Perry, Pex, Pronk, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wijkman, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Glante, Goebbels, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Hudghton, Lagendijk, MacCormick, Maes, de Roo, Sörensen, Staes, Voggenhuber

Abstention: 14

EDD: Booth, Farage, Titford

PPE-DE: Bradbourn, Cocilovo, Deva, Heaton-Harris, Nicholson, Nisticò, Schmitt, Tannock, Twinn

PSE: Rothley

Verts/ALE: Cohn-Bendit

Amendment 25

For: 231

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

ELDR: Calò, Gasòliba i Böhm, Procacci

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

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

PPE-DE: Almeida Garrett, Andria, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bowis, Bremmer, Brok, Brunetta, Callanan, Camisón Asensio, Cardoso, Cocilovo, Coelho, Costa Raffaele, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Sumberg, Tajani, Tannock, Theato, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Berger, Bösch, Ceyhun, Désir, Ettl, Gebhardt, Glante, Gröner, Hänsch, Haug, Hume, Kreissl-Dörfler, Kuhne, Lange, Leinen, Müller, Piecyk, Prets, Rothe, Scheele, Swoboda, Walter, Weiler

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

Verts/ALE: Aaltonen, Ahern, Auroi, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Against: 296

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Beazley, Bébéar, Bourlanges, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Hermange, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Mauro, Perry, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Thyssen, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Lage, Lalumière, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Pittella, Poos, Rapkay, Rocard, Rodríguez Ramos, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Hudghton, Lagendijk, MacCormick, Maes, Mayol i Raynal, de Roo, Sörensen, Staes, Wyn

Abstention: 11

EDD: Booth, Farage, Titford

PPE-DE: Bradbourn, Morillon, Nicholson, Pex

PSE: Roth-Behrendt, Rothley

Verts/ALE: Cohn-Bendit, Frassoni

Amendment 10

For: 291

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Patakis, Puerta, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Bébéar, Bourlanges, Bowis, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Ferri, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Hermange, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Musotto, Oomen-Ruijten, Pacheco Pereira, Perry, Pex, Pronk, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bowe, Carlotti, Casaca, Cashman, Cerdeira Morterero, Colom i Naval, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Duhamel, El Khadraoui, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Lage, Lalumière, Linkohr, Lund, McAvan, McCarthy, McNally, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Poos, Rapkay, Rocard, Rodríguez Ramos, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Watts, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Hudghton, Lagendijk, MacCormick, Maes, Mayol i Raynal, de Roo, Sörensen, Staes, Wyn

Against: 235

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

ELDR: Calò, Di Pietro, Gasòliba i Böhm, Procacci

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Naïr, Scarbonchi, Schröder Ilka

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

PPE-DE: Almeida Garrett, Andria, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Brunetta, Camisón Asensio, Cardoso, Coelho, Costa Raffaele, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lulling, Maat, Mann Thomas, Marini, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oostlander, Oreja Arburúa, Pack, Parish, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Tajani, Theato, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Berger, Bösch, van den Burg, Campos, Carnero González, Carrilho, Cercas, Ceyhun, Corbett, Désir, Dührkop Dührkop, Ettl, Gebhardt, Glante, Gröner, Hänsch, Haug, Hume, Kreissl-Dörfler, Kuhne, Lange, Leinen, Malliori, Müller, Piecyk, Pittella, Prets, Rothe, Scheele, Stockmann, Swoboda, Walter, Weiler, Zimeray

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Abstention: 12

PPE-DE: Callanan, Cocilovo, Lombardo, Marques, Nicholson, Nisticò, Tannock, Twinn

PSE: Roth-Behrendt, Rothley

Verts/ALE: Cohn-Bendit, Frassoni

Amendment 65

For: 241

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

ELDR: Calò, Di Pietro, Gasòliba i Böhm, Procacci

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

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

PPE-DE: Almeida Garrett, Andria, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bradbourn, Bremmer, Brok, Brunetta, Callanan, Camisón Asensio, Cardoso, Cocilovo, Coelho, Costa Raffaele, Daul, De Mita, Descamps, Deva, De Veyrac, Doorn, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Flemming, Florenz, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Korhola, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Pex, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stevenson, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: van den Burg, Ceyhun, Désir, Gebhardt, Gröner, Hänsch, Haug, Hume, Kreissl-Dörfler, Lange, Müller, Piecyk, Rothe, Stockmann, Weiler

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Wuori

Against: 295

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

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

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bourlanges, Bowis, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Cushnahan, Deprez, Dover, Doyle, Elles, Fiori, Folias, Foster, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Kauppi, Konrad, Kratsa-Tsagaropoulou, McCartin, McMillan-Scott, Marinos, Matikainen-Kallström, Pacheco Pereira, Perry, Pomés Ruiz, Provan, Purvis, Scallon, Smet, Stenmarck, Sturdy, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, Villiers, Wachtmeister, Wijkman, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Glante, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Frassoni, Hudghton, Lagendijk, MacCormick, Maes, de Roo, Sörensen, Staes, Voggenhuber, Wyn

Abstention: 6

GUE/NGL: Alyssandrakis, Korakas, Patakis

PSE: Rothley

Verts/ALE: Cohn-Bendit, Mayol i Raynal

Amendment 18, 1st part

For: 488

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

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

GUE/NGL: Alyssandrakis, Caudron, Dary, Korakas, Meijer, Naïr, Patakis, Scarbonchi, Sylla

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, 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, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, 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, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

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

Against: 11

EDD: Booth, Farage, Titford

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

UEN: Ribeiro e Castro

Abstention: 38

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Cauquil, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Laguiller, Manisco, Markov, Marset Campos, Modrow, Morgantini, Puerta, Seppänen, Sjöstedt, Vachetta, Vinci, Wurtz

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

UEN: Camre

Amendment 18, 2nd part

For: 314

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Mennea, Pannella, Speroni, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bourlanges, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Costa Raffaele, Cushnahan, Deprez, Doorn, Doyle, Elles, Ferrer, Folias, Foster, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Kauppi, Kratsa-Tsagaropoulou, McCartin, McMillan-Scott, Marinos, Pacheco Pereira, Perry, Pex, Provan, Purvis, Smet, Stenmarck, Stevenson, Sturdy, Suominen, Trakatellis, Van Orden, van Velzen, Villiers, Wachtmeister, Wijkman, Zacharakis

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

UEN: Berlato, Bigliardo, Camre, Muscardini, Mussa, Nobilia, Turchi

Verts/ALE: Bouwman, Buitenweg, Dhaene, Hudghton, Jonckheer, MacCormick, Maes, de Roo, Sörensen, Staes, Wyn

Against: 211

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

ELDR: Calò, Di Pietro

GUE/NGL: Schröder Ilka

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Raschhofer, Souchet, Stirbois, Varaut

PPE-DE: Almeida Garrett, Andria, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Brunetta, Camisón Asensio, Cardoso, Coelho, Daul, De Mita, Descamps, Deva, De Veyrac, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Stockton, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Hume, Schmid Gerhard, Stockmann

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lagendijk, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Abstention: 11

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow

NI: Borghezio

PPE-DE: Cocilovo, Nicholson

PSE: Rothley

Verts/ALE: Cohn-Bendit, Frassoni, Mayol i Raynal

Amendment 18, 3rd part

For: 486

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vinci, Wurtz

NI: Berthu, Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Pannella, Raschhofer, Souchet, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Bodrato, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, De Veyrac, Doorn, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hansenne, Harbour, Hatzidakis, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, 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, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

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

Against: 39

EDD: Booth, Farage, Titford

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

NI: Claeys, Dillen, de Gaulle, Gollnisch, Lang, de La Perriere, Mennea, Stirbois

PPE-DE: Beazley, Berend, Böge, von Boetticher, Deva, Dover, Doyle, Flemming, García-Orcoyen Tormo, Gutiérrez-Cortines, Hannan, Heaton-Harris, Karas, Mauro, Nicholson, Pomés Ruiz, Provan, Rübig, Scallon, Schierhuber, Stenzel

PSE: Schmid Gerhard

UEN: Ribeiro e Castro

Abstention: 4

NI: Borghezio

PPE-DE: Oomen-Ruijten

PSE: Rothley

Verts/ALE: Mayol i Raynal

Amendment 18, 4th part

For: 281

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Speroni, Turco

PPE-DE: Averoff, Cocilovo, Fernández Martín, Folias, Foster, Glase, Goodwill, Grossetête, Hansenne, Hatzidakis, Helmer, Kratsa-Tsagaropoulou, Lamassoure, Lulling, Marinos, Matikainen-Kallström, Pacheco Pereira, Smet, Stevenson, Trakatellis, Vidal-Quadras Roca, Wijkman, Zacharakis

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

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Frassoni, Jonckheer, Lagendijk, Lannoye, MacCormick, Maes, Mayol i Raynal, de Roo, Schroedter, Sörensen, Staes, Voggenhuber, Wyn

Against: 248

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

ELDR: Di Pietro

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Mennea, Raschhofer, Souchet, Stirbois, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bowis, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Mann Thomas, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenmarck, Stenzel, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Hume, Schmid Gerhard

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Turmes, Wuori

Abstention: 3

PPE-DE: Bradbourn

PSE: Rothley

Verts/ALE: Cohn-Bendit

Amendments 28 + 46 + 60

For: 112

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

ELDR: Calò

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow

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

PPE-DE: Bastos, Bayona de Perogordo, Beazley, Berend, Camisón Asensio, Cardoso, Coelho, Descamps, Dover, Ferber, Fiori, Gawronski, Gouveia, Graça Moura, Hansenne, Heaton-Harris, Hermange, Kauppi, Lisi, Montfort, Ojeda Sanz, Oreja Arburúa, Pastorelli, Pérez Álvarez, Sacrédeus, Scallon, Vlasto

PSE: Bösch, Désir, Ford, Gebhardt, Gröner, Hume, Kreissl-Dörfler, Marinho, Müller, Piecyk, Pittella, Rothe, Scheele, Schmid Gerhard

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Against: 409

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bébéar, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Cocilovo, Corrie, Cushnahan, Daul, De Mita, Deprez, De Veyrac, Doorn, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Karas, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Morillon, Musotto, Naranjo Escobar, Nicholson, Niebler, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Parish, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Ghilardotti, Gill, Gillig, Goebbels, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Hudghton, Lagendijk, MacCormick, Maes, Onesta, de Roo, Sörensen, Staes, Wyn

Abstention: 11

PPE-DE: Bradbourn, Hannan, Kastler, Mombaur, Nisticò, Tannock

PSE: Rothley

Verts/ALE: Cohn-Bendit, Frassoni, Jonckheer, Mayol i Raynal

Amendments 29 + 47

For: 194

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

ELDR: Di Pietro, Gasòliba i Böhm

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow

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

PPE-DE: Almeida Garrett, Andria, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bremmer, Brok, Brunetta, Camisón Asensio, Cardoso, Coelho, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Fiori, Flemming, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hermange, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Knolle, Koch, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stauner, Stenzel, Tajani, Tannock, Theato, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Hume

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Against: 328

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

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

GUE/NGL: Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, De Mita, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Fernández Martín, Florenz, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Kauppi, Klaß, Konrad, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Pacheco Pereira, Perry, Pex, Pronk, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Thyssen, Trakatellis, Van Orden, van Velzen, de Veyrinas, Villiers, Wachtmeister, Wijkman, Zacharakis

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

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Lagendijk, MacCormick, Maes, Onesta, de Roo, Sörensen, Staes, Wyn

Abstention: 11

PPE-DE: Bodrato, Bradbourn, Cocilovo, Mombaur, Nicholson

PSE: Rothley, Schmid Gerhard

UEN: Marchiani

Verts/ALE: Cohn-Bendit, Frassoni, Mayol i Raynal

Commission proposal

For: 298

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

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

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Brunetta, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Oomen-Ruijten, Pacheco Pereira, Perry, Pex, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tannock, Thyssen, Trakatellis, Van Orden, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Glante, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Lage, Lalumière, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothley, Roure, Ruffolo, Sacconi, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Lagendijk, MacCormick, Maes, de Roo, Sörensen, Wyn

Against: 214

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

ELDR: Calò, Di Pietro, Gasòliba i Böhm

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

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

PPE-DE: Almeida Garrett, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bremmer, Brok, Camisón Asensio, Cardoso, Coelho, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schmitt, Schwaiger, Sommer, Stauner, Stenzel, Tajani, Theato, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Ceyhun, Désir, Gebhardt, Gröner, Hänsch, Haug, Hume, Kreissl-Dörfler, Kuhne, Lange, Müller, Piecyk, Rothe, Sakellariou, Schmid Gerhard, Stockmann, Walter, Weiler

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Onesta, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Voggenhuber, Wuori

Abstention: 21

EDD: Bernié, Esclopé

GUE/NGL: Alyssandrakis, Korakas, Patakis

PPE-DE: Andria, Bradbourn, Callanan, Cocilovo, Fernández Martín, Hermange, Nicholson, Rübig, de Veyrinas, Vlasto, Wijkman

Verts/ALE: Cohn-Bendit, Frassoni, Jonckheer, Mayol i Raynal, Staes

Amendments 36 + 54

For: 92

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

ELDR: Gasòliba i Böhm

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

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

PPE-DE: Bastos, Beazley, Cardoso, Cocilovo, Coelho, Dover, Evans Jonathan, Ferrer, Garriga Polledo, Gouveia, Graça Moura, Heaton-Harris, Karas, Kauppi, Mombaur, Sacrédeus, Scallon

PSE: Dehousse

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Dhaene, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lannoye, Lipietz, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Against: 425

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Korakas, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Pannella, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bayona de Perogordo, Bébéar, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Corrie, Cushnahan, Daul, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jarzembowski, Jean-Pierre, Jeggle, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, 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, Wijkman, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

UEN: Camre

Verts/ALE: Maes

Abstention: 10

EDD: Mathieu

PPE-DE: Andria, Fernández Martín, Gawronski, Nicholson, Sumberg

PSE: Schmid Gerhard

Verts/ALE: Cohn-Bendit, MacCormick, Mayol i Raynal

Resolution

For: 300

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

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

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Caudron, Cauquil, Dary, Di Lello Finuoli, Eriksson, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Koulourianos, Laguiller, Manisco, Marset Campos, Meijer, Morgantini, Naïr, Puerta, Scarbonchi, Seppänen, Sjöstedt, Sylla, Vachetta, Vinci, Wurtz

NI: Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bébéar, Bourlanges, Bowis, Brunetta, Bushill-Matthews, Cederschiöld, Chichester, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Doorn, Doyle, Elles, Folias, Foster, Fourtou, Garriga Polledo, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Helmer, Inglewood, Jean-Pierre, Kauppi, Kratsa-Tsagaropoulou, Lamassoure, McCartin, McMillan-Scott, Marinos, Martin Hugues, Matikainen-Kallström, Oomen-Ruijten, Pacheco Pereira, Perry, Pex, Provan, Purvis, Schaffner, Smet, Stenmarck, Stevenson, Sturdy, Sudre, Sumberg, Suominen, Tannock, Thyssen, Trakatellis, Twinn, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Zacharakis

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Ghilardotti, Gill, Gillig, Glante, Goebbels, Guy-Quint, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Lage, Lalumière, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Pittella, Poos, Prets, Rapkay, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothley, Roure, Ruffolo, Sacconi, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Camre, Mussa

Verts/ALE: Bouwman, Buitenweg, Dhaene, Lagendijk, MacCormick, Maes, Mayol i Raynal, de Roo, Sörensen, Staes, Voggenhuber, Wyn

Against: 210

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

ELDR: Calò, Di Pietro, Gasòliba i Böhm

GUE/NGL: Fiebiger, Kaufmann, Markov, Modrow, Schröder Ilka

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

PPE-DE: Almeida Garrett, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bremmer, Brok, Camisón Asensio, Cardoso, Coelho, De Mita, Deva, Dover, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Hannan, Hansenne, Heaton-Harris, Hernández Mollar, Hieronymi, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, Mann Thomas, Marques, Martens, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schierhuber, Schleicher, Schmitt, Schwaiger, Sommer, Stauner, Stenzel, Tajani, Theato, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Ceyhun, De Rossa, Gebhardt, Gröner, Hänsch, Haug, Hume, Kreissl-Dörfler, Kuhne, Lange, Müller, Piecyk, Rothe, Sakellariou, Schmid Gerhard, Stockmann, Walter, Weiler

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Echerer, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lannoye, Lipietz, McKenna, Piétrasanta, Rod, Rühle, Schörling, Schroedter, Turmes, Wuori

Abstention: 19

EDD: Bernié, Esclopé

GUE/NGL: Alyssandrakis, Korakas, Patakis

PPE-DE: Andria, Bradbourn, Callanan, Cocilovo, Corrie, Hermange, Nicholson, Vlasto, Wijkman

PSE: Hoff

Verts/ALE: Cohn-Bendit, Frassoni, Jonckheer, Onesta

Amendment 1/rev.

For: 212

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

ELDR: Boogerd-Quaak, Di Pietro

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

NI: Borghezio, Gorostiaga Atxalandabaso

PPE-DE: Langenhagen

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Gröner, 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, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Müller, Myller, Napoletano, Napolitano, O'Toole, Pérez Royo, Piecyk, Poos, Prets, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Van Lancker, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Cohn-Bendit, Dhaene, Echerer, Frassoni, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Wuori, Wyn

Against: 215

EDD: Booth, Farage, Titford

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

NI: Beysen, Claeys, Dillen, de Gaulle, Gollnisch, Ilgenfritz, Lang, Mennea, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bayona de Perogordo, Bébéar, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bremmer, Brok, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Cushnahan, Daul, De Mita, Deprez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Hermange, Hernández Mollar, Inglewood, Jean-Pierre, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Naranjo Escobar, Nassauer, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schwaiger, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zacharakis, Zappalà

UEN: Collins, Crowley, Fitzsimons, Hyland, Ó Neachtain, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 9

EDD: Mathieu

NI: Berthu, Hager, Kronberger, de La Perriere, Raschhofer, Souchet, Varaut

PPE-DE: Oomen-Ruijten

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TEXTS ADOPTED

P5_TA(2003)0497

Violations of women's rights

European Parliament resolution on violation of women's rights and EU international relations (2002/2286(INI))

The European Parliament,

| — | having regard to EU external relations, as defined in particular in Articles 11, 177, 178 and 181 of the EC Treaty, |
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having regard to EU external relations, as defined in particular in Articles 11, 177, 178 and 181 of the EC Treaty,

| — | having regard to the human rights clause in EU association agreements and in particular Article 25 of the Cotonou Agreement, |
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—

having regard to the human rights clause in EU association agreements and in particular Article 25 of the Cotonou Agreement,

| — | having regard to Articles 4, 5, 6, 20 and 21(1) of the EU Charter of Fundamental Rights, |
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—

having regard to Articles 4, 5, 6, 20 and 21(1) of the EU Charter of Fundamental Rights,

| — | having regard to the EU Annual report on human rights 2001 (12141/2001) and its resolution of 25 April 2002 thereon (1), |
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—

having regard to the EU Annual report on human rights 2001 (12141/2001) and its resolution of 25 April 2002 thereon (1),

| — | having regard to Recommendation (2002)5 of the Committee of Ministers of the Council of Europe to Member States on the protection of women against violence, which was adopted on 30 April 2002, |
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—

having regard to Recommendation (2002)5 of the Committee of Ministers of the Council of Europe to Member States on the protection of women against violence, which was adopted on 30 April 2002,

| — | having regard to Resolution 2003/44 on the integration of women's rights in the UN system and Resolution 2003/45 on violence against women of the UN Commission on Human Rights (2), |
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having regard to Resolution 2003/44 on the integration of women's rights in the UN system and Resolution 2003/45 on violence against women of the UN Commission on Human Rights (2),

| — | having regard to the 1979 UN Convention on the elimination of all forms of discrimination against women (CEDAW), and to General Recommendations Nos 12, 14 and 19 of the CEDAW Committee (3), |
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—

having regard to the 1979 UN Convention on the elimination of all forms of discrimination against women (CEDAW), and to General Recommendations Nos 12, 14 and 19 of the CEDAW Committee (3),

| — | having regard to the Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights on 25 June 1993 (4), |
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having regard to the Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights on 25 June 1993 (4),

| — | having regard to the outcome document on the Beijing Plus 5 Review on the follow-up to the Beijing Action Platform (130a) (5), |
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having regard to the outcome document on the Beijing Plus 5 Review on the follow-up to the Beijing Action Platform (130a) (5),

| — | having regard to the declarations of the Greek Presidency of the EU Council according to which a sustained effort is undertaken to make gender aspects an integral part of the work of the General Affairs Councils; having regard to the worrying fact that women continue to be subjected to violence in many areas of the world, |
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—

having regard to the declarations of the Greek Presidency of the EU Council according to which a sustained effort is undertaken to make gender aspects an integral part of the work of the General Affairs Councils; having regard to the worrying fact that women continue to be subjected to violence in many areas of the world,

| — | having regard to its resolution of 20 September 2001 on female genital mutilation (6), |
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having regard to its resolution of 20 September 2001 on female genital mutilation (6),

| — | having regard to its resolution of 7 February 2002 on EU policy towards Mediterranean countries in relation to the promotion of women's rights and equal opportunities in these countries (7), |
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having regard to its resolution of 7 February 2002 on EU policy towards Mediterranean countries in relation to the promotion of women's rights and equal opportunities in these countries (7),

| — | having regard to Rule 163 of its Rules of Procedure, |
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—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0334/2003), |
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—

having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0334/2003),

| A. | aware that, as stated by the CEDAW Committee in its General Recommendation No 19 (8), violence against women constitutes a form of discrimination, as, by undermining women's physical and psychological integrity, it compromises women's full enjoyment of universal and basic human rights, such as the right to life and the right to security and integrity of the person, as set out in Universal and European human rights instruments, |
| --- | --- |

A.

aware that, as stated by the CEDAW Committee in its General Recommendation No 19 (8), violence against women constitutes a form of discrimination, as, by undermining women's physical and psychological integrity, it compromises women's full enjoyment of universal and basic human rights, such as the right to life and the right to security and integrity of the person, as set out in Universal and European human rights instruments,

| B. | recalling that, as stated in the Declaration from the 1993 Vienna World Conference on Human Rights, ‘the human rights of women and the girl-child are an inalienable, integral and indivisible part of universal human rights’, and that, as reaffirmed by the 1995 Beijing Declaration and Platform of Action, action has to be taken ‘towards the elimination of violence against women in public and private life’, |
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B.

recalling that, as stated in the Declaration from the 1993 Vienna World Conference on Human Rights, ‘the human rights of women and the girl-child are an inalienable, integral and indivisible part of universal human rights’, and that, as reaffirmed by the 1995 Beijing Declaration and Platform of Action, action has to be taken ‘towards the elimination of violence against women in public and private life’,

| C. | aware that victims of violence are both women and men; however, international implementation of human rights in practice tends to take less into consideration violence against women, which stems from the unequal nature of the relations between men and women which is a feature of most societies, and unacceptable references to culture and tradition, |
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C.

aware that victims of violence are both women and men; however, international implementation of human rights in practice tends to take less into consideration violence against women, which stems from the unequal nature of the relations between men and women which is a feature of most societies, and unacceptable references to culture and tradition,

| D. | taking into account the fact that, based on its mandate to respect and protect human rights in international policy, the EU should positively contribute and undertake actions aimed at eliminating violence in all its varied forms; until this final goal is achieved, however, eliminating the more serious, degrading and/or life-threatening forms of violence against women should constitute the first essential step, |
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D.

taking into account the fact that, based on its mandate to respect and protect human rights in international policy, the EU should positively contribute and undertake actions aimed at eliminating violence in all its varied forms; until this final goal is achieved, however, eliminating the more serious, degrading and/or life-threatening forms of violence against women should constitute the first essential step,

| E. | whereas practices such as genital mutilation, stoning, public castigation, burning, raping, mutilation with acid, crimes of honour, forced marriages, enslavement and sexual exploitation constitute particularly horrific and unacceptable forms of violence perpetrated against women and girls, |
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E.

whereas practices such as genital mutilation, stoning, public castigation, burning, raping, mutilation with acid, crimes of honour, forced marriages, enslavement and sexual exploitation constitute particularly horrific and unacceptable forms of violence perpetrated against women and girls,

| F. | whereas, although the individual and collective rights of women are formally enshrined in international law, many EU partner countries have drawn up various provisos to that legislation, thus legally preventing a large part thereof from being implemented; whereas, however, important international agreements which are signed and ratified without proviso are difficult to implement due to inadequate mechanisms and traditional or religious stereotypes, while positive measures are rarely taken to defend the rights of women and to integrate them into economic and social life, |
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F.

whereas, although the individual and collective rights of women are formally enshrined in international law, many EU partner countries have drawn up various provisos to that legislation, thus legally preventing a large part thereof from being implemented; whereas, however, important international agreements which are signed and ratified without proviso are difficult to implement due to inadequate mechanisms and traditional or religious stereotypes, while positive measures are rarely taken to defend the rights of women and to integrate them into economic and social life,

| G. | firmly believing that such practices are neither tolerable nor justifiable on the basis of their inscription in tradition, and that no cultural relativism is to be invoked and accepted when gross human rights violations are at stake, |
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G.

firmly believing that such practices are neither tolerable nor justifiable on the basis of their inscription in tradition, and that no cultural relativism is to be invoked and accepted when gross human rights violations are at stake,

| H. | is concerned by the fact that women are constantly the subject of different forms of violence in many countries which are EU partners in trade and development agreements; believes, therefore, there should be an integrated approach towards the social, cultural, economic and legal factors which keep women far from the centres of power and relegate them to an inferior social and economic position, |
| --- | --- |

H.

is concerned by the fact that women are constantly the subject of different forms of violence in many countries which are EU partners in trade and development agreements; believes, therefore, there should be an integrated approach towards the social, cultural, economic and legal factors which keep women far from the centres of power and relegate them to an inferior social and economic position,

| I. | whereas the Council has already set out in development and trade agreements a series of legal and political instruments aiming to secure the respect of human rights, democracy and the rule of law (9) in partner countries, |
| --- | --- |

I.

whereas the Council has already set out in development and trade agreements a series of legal and political instruments aiming to secure the respect of human rights, democracy and the rule of law (9) in partner countries,

| J. | whereas women are specifically the victims of poverty and violence but whereas they are also essential participants in the development (and essential contributors to the social cohesion) of their country, and whereas these two considerations should be taken into account in the EU's cooperation and development policy, |
| --- | --- |

J.

whereas women are specifically the victims of poverty and violence but whereas they are also essential participants in the development (and essential contributors to the social cohesion) of their country, and whereas these two considerations should be taken into account in the EU's cooperation and development policy,

| 1. | Welcomes the communication from the Commission on the programme of action for the mainstreaming of gender equality in Community Development Cooperation (COM(2001) 295), while stressing the need for a more straightforward and pressing action to fight violence against women; |
| --- | --- |

1.

Welcomes the communication from the Commission on the programme of action for the mainstreaming of gender equality in Community Development Cooperation (COM(2001) 295), while stressing the need for a more straightforward and pressing action to fight violence against women;

| 2. | Welcomes the inclusion in the Cotonou Agreement of provisions addressing the issue of gender as part of the political dialogue (Article 8), of equality between men and women and gender mainstreaming (Article 31) and of genital mutilation (Article 25) (10); |
| --- | --- |

2.

Welcomes the inclusion in the Cotonou Agreement of provisions addressing the issue of gender as part of the political dialogue (Article 8), of equality between men and women and gender mainstreaming (Article 31) and of genital mutilation (Article 25) (10);

| 3. | Recalls its initiative in the relevant lines of the 2003 budget to include a clause providing that ‘lack of action to prevent and combat severe violence aginst women (stoning, public castigation, genital mutilation, burning or rape) will constitute a reason to suspend EU assistance’; |
| --- | --- |

3.

Recalls its initiative in the relevant lines of the 2003 budget to include a clause providing that ‘lack of action to prevent and combat severe violence aginst women (stoning, public castigation, genital mutilation, burning or rape) will constitute a reason to suspend EU assistance’;

| 4. | Welcomes the implementation of the EU's new programme launched in January 2003 on the sexual and reproductive health of women in 22 ACP countries and calls for further expansion and strengthening of that programme; |
| --- | --- |

4.

Welcomes the implementation of the EU's new programme launched in January 2003 on the sexual and reproductive health of women in 22 ACP countries and calls for further expansion and strengthening of that programme;

| 5. | Calls for greater participation of women in international organisations, official diplomatic missions and international initiatives in order to take account of the experience, the perspective and the needs of 50% of the population, which will contribute towards resolving problems and towards the long-term sustainability of decisions concerning women, given that gender is an important but neglected variable in the conduct of foreign policy; |
| --- | --- |

5.

Calls for greater participation of women in international organisations, official diplomatic missions and international initiatives in order to take account of the experience, the perspective and the needs of 50% of the population, which will contribute towards resolving problems and towards the long-term sustainability of decisions concerning women, given that gender is an important but neglected variable in the conduct of foreign policy;

| 6. | Stresses the need for a comprehensive definition of violence, whether private or public, along the lines provided by the CEDAW and by the Beijing Action Programme to be included in trade and development agreements, and calls on third States to sign that instrument and to incorporate it into their internal legal order; |
| --- | --- |

6.

Stresses the need for a comprehensive definition of violence, whether private or public, along the lines provided by the CEDAW and by the Beijing Action Programme to be included in trade and development agreements, and calls on third States to sign that instrument and to incorporate it into their internal legal order;

| 7. | Urges the Council and the Commission to include in future trade and development agreements, irrespective of, and in addition to, the clause for the respect of human rights, a specific clause providing for the imposition of sanctions and, ultimately, the suspension of the agreement in cases of serious and repeated violations of women's rights (meaning widespread episodes of violence such as genital mutilation, mutilation with acid, public castigation, burning, blood feuds, stoning, raping and trafficking in women, murders of honour, forced marriages and slavery); |
| --- | --- |

7.

Urges the Council and the Commission to include in future trade and development agreements, irrespective of, and in addition to, the clause for the respect of human rights, a specific clause providing for the imposition of sanctions and, ultimately, the suspension of the agreement in cases of serious and repeated violations of women's rights (meaning widespread episodes of violence such as genital mutilation, mutilation with acid, public castigation, burning, blood feuds, stoning, raping and trafficking in women, murders of honour, forced marriages and slavery);

| 8. | Considers that sanctions or the suspension of the agreement should be enacted in cases where, despite evidence of expanding and serious violence against women, the partner country's government systematically refrains from positively reacting to these phenomena at legislative, administrative and judicial level; points out that in any event, the impact of sanctions or suspension of the agreement on the population, and in particular on children and women, should be carefully studied and evaluated; |
| --- | --- |

8.

Considers that sanctions or the suspension of the agreement should be enacted in cases where, despite evidence of expanding and serious violence against women, the partner country's government systematically refrains from positively reacting to these phenomena at legislative, administrative and judicial level; points out that in any event, the impact of sanctions or suspension of the agreement on the population, and in particular on children and women, should be carefully studied and evaluated;

| 9. | Asks the Commission to involve in its actions local women's organisations from partner countries active in the fight against violence to women; |
| --- | --- |

9.

Asks the Commission to involve in its actions local women's organisations from partner countries active in the fight against violence to women;

| 10. | Invites the Commission to establish favourable or unfavourable trade terms for partner countries according to their record for fighting violence against women, as well as to establish incentives for partner countries according to their achievements in the fields of democratisation and the rule of law; |
| --- | --- |

10.

Invites the Commission to establish favourable or unfavourable trade terms for partner countries according to their record for fighting violence against women, as well as to establish incentives for partner countries according to their achievements in the fields of democratisation and the rule of law;

| 11. | Calls upon the Commission and the Member States to ensure that their development-aid programmes include projects specifically designed to combat violence against women and to promote female emancipation; similarly, calls upon the Commission and the Member States to tailor a significant percentage of their aid projects exclusively to women and to women's welfare and development; emphasises the need to ensure that such projects include active participation by local women; |
| --- | --- |

11.

Calls upon the Commission and the Member States to ensure that their development-aid programmes include projects specifically designed to combat violence against women and to promote female emancipation; similarly, calls upon the Commission and the Member States to tailor a significant percentage of their aid projects exclusively to women and to women's welfare and development; emphasises the need to ensure that such projects include active participation by local women;

| 12. | Urges the Commission to take into account the status and progression of women's situation in the economic, legal, social and cultural fields (in particular the stage reached in the ratification of the CEDAW and the Additional Protocol thereto) and to initiate discussion with partner countries on certain sensitive areas such as discriminatory provisions in family law and criminal law, domestic violence, discrimination in access to health and education services and legal aid; underlines the necessity to adequately use existing EU funds to finance positive actions in countries where strong imbalances of power between the sexes inhibit women's emancipation, participation in society and education, thus putting women at special risk of violence; |
| --- | --- |

12.

Urges the Commission to take into account the status and progression of women's situation in the economic, legal, social and cultural fields (in particular the stage reached in the ratification of the CEDAW and the Additional Protocol thereto) and to initiate discussion with partner countries on certain sensitive areas such as discriminatory provisions in family law and criminal law, domestic violence, discrimination in access to health and education services and legal aid; underlines the necessity to adequately use existing EU funds to finance positive actions in countries where strong imbalances of power between the sexes inhibit women's emancipation, participation in society and education, thus putting women at special risk of violence;

| 13. | Calls upon the Member States, when considering applications for, and possible recognition of, refugee status, to take into account persecution and/or the fear of persecution which may be suffered by women on account of their sex; |
| --- | --- |

13.

Calls upon the Member States, when considering applications for, and possible recognition of, refugee status, to take into account persecution and/or the fear of persecution which may be suffered by women on account of their sex;

| 14. | Stresses the need to fully include issues of violence against women and to impress upon the Iranian Government the importance of ratifying the CEDAW in the current negotiations on the conclusion of a trade and cooperation agreement; |
| --- | --- |

14.

Stresses the need to fully include issues of violence against women and to impress upon the Iranian Government the importance of ratifying the CEDAW in the current negotiations on the conclusion of a trade and cooperation agreement;

| 15. | Appeals to the governments of the partner countries to:






  — | show the necessary political will and step up the legal, administrative and other reforms to establish the equality of men and women in law and to incorporate gender equality into all their policies, giving particular encouragement to the participation of women in decision-making processes, |
| --- | --- | --- |

15.

Appeals to the governments of the partner countries to:

—

show the necessary political will and step up the legal, administrative and other reforms to establish the equality of men and women in law and to incorporate gender equality into all their policies, giving particular encouragement to the participation of women in decision-making processes,

| — | develop information campaigns and policies to combat violence against women, promoting special training for police and the judiciary, encouraging equal opportunities in education (in particular by deterring girls from suspending or abandoning their studies) and strengthening health programmes; |
| --- | --- |

—

develop information campaigns and policies to combat violence against women, promoting special training for police and the judiciary, encouraging equal opportunities in education (in particular by deterring girls from suspending or abandoning their studies) and strengthening health programmes;

| 16. | Suggests the establishment of permanent contacts through Commission delegations with the relevant local, national and international institutions and NGOs working in partner countries, in order to collect all available and useful data on issues relating to gender and violence and the situation of women in third countries and to issue a yearly Communication on the data thus collected and the general information supplied by third countries; |
| --- | --- |

16.

Suggests the establishment of permanent contacts through Commission delegations with the relevant local, national and international institutions and NGOs working in partner countries, in order to collect all available and useful data on issues relating to gender and violence and the situation of women in third countries and to issue a yearly Communication on the data thus collected and the general information supplied by third countries;

| 17. | Calls for participation by women to be made an integral part of the process of concluding agreements with third countries, so that the gender dimension can be systematically incorporated and the impact on the lives and the status of women be taken into account; |
| --- | --- |

17.

Calls for participation by women to be made an integral part of the process of concluding agreements with third countries, so that the gender dimension can be systematically incorporated and the impact on the lives and the status of women be taken into account;

| 18. | Encourages the Commission to train and recruit personnel with expertise in the field of gender theories and mainstreaming, enabling the Commission to provide data desegregated by gender in Country and Regional Strategy Papers, to coordinate EU action to combat violence against women when necessary and to evaluate its impact; |
| --- | --- |

18.

Encourages the Commission to train and recruit personnel with expertise in the field of gender theories and mainstreaming, enabling the Commission to provide data desegregated by gender in Country and Regional Strategy Papers, to coordinate EU action to combat violence against women when necessary and to evaluate its impact;

| 19. | Asks the Commission to raise issues relating to violence against women in all relevant international contexts, conferences and organisations, such as G8 meetings and WTO rounds, and to accordingly propose anti-violence measures and clauses in multilateral agreements; |
| --- | --- |

19.

Asks the Commission to raise issues relating to violence against women in all relevant international contexts, conferences and organisations, such as G8 meetings and WTO rounds, and to accordingly propose anti-violence measures and clauses in multilateral agreements;

| 20. | Urges Member States to fully support all present and future EU measures aiming to combat violence against women, at all levels of negotiation and implementation, within bilateral and multilateral agreements; |
| --- | --- |

20.

Urges Member States to fully support all present and future EU measures aiming to combat violence against women, at all levels of negotiation and implementation, within bilateral and multilateral agreements;

| 21. | Urges Member States to pass legislation — or to ensure that existing legislation is more strictly complied with — prohibiting and imposing penalties for genital mutilation in their own country, and at the same time to develop national prevention programmes in order to ultimately eradicate the practice of genital mutilation; |
| --- | --- |

21.

Urges Member States to pass legislation — or to ensure that existing legislation is more strictly complied with — prohibiting and imposing penalties for genital mutilation in their own country, and at the same time to develop national prevention programmes in order to ultimately eradicate the practice of genital mutilation;

| 22. | Urges again Member States and the Commission to take concrete and coordinated action against women trafficking in Europe in cooperation with Europol, Interpol and Eurojust, in line with its position of 12 June 2001 on the proposal for a Council framework decision on combating trafficking in human beings (11), and to ratify the UN's New Protocol on Trafficking in Human Beings; |
| --- | --- |

22.

Urges again Member States and the Commission to take concrete and coordinated action against women trafficking in Europe in cooperation with Europol, Interpol and Eurojust, in line with its position of 12 June 2001 on the proposal for a Council framework decision on combating trafficking in human beings (11), and to ratify the UN's New Protocol on Trafficking in Human Beings;

| 23. | Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and of the accession countries as well as the EU trade and association partners. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and of the accession countries as well as the EU trade and association partners.

---

(1)  OJ C 131 E, 5.6.2003, p. 138.

(2)  http://www.un.org/

(3)  http://www.unifem.org/

(4)  http://www.unhchr.ch/huridoca.nsf/(Symbol/A.CONF.157.23.

(5)  http://www.unifem.org/

(6)  OJ C 77 E, 28.03.2002, p. 126.

(7)  OJ C 284 E, 21.11.2002, p. 337.

(8)  In its different forms such as ‘physical, mental or sexual harm or suffering, threats of such acts, coercion or deprivations of liberty’.

(9)  COM(95) 216; Council Regulation (EC) No 975/1999; Council Regulation (EC) No 976/1999.

(10)  http://www.eurosur.org/wide/EU/Cotonou/newcotonou.htm

(11)  OJ C 53 E, 28.2.2002, p. 114.

P5_TA(2003)0498

Major-accident hazards involving dangerous substances ***III

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (PE-CONS 3665/2003 — C5-0435/2003 — 2001/0257(COD))

(Codecision procedure: third reading)

The European Parliament,

| — | having regard to the joint text approved by the Conciliation Committee (PE-CONS 3665/2003 — C5-0435/2003), |
| --- | --- |

—

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3665/2003 — C5-0435/2003),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2001) 624) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2001) 624) (2),

| — | having regard to the amended proposal (COM(2002) 540) (3), |
| --- | --- |

—

having regard to the amended proposal (COM(2002) 540) (3),

| — | having regard to its position at second reading (4) on the Council common position (5), |
| --- | --- |

—

having regard to its position at second reading (4) on the Council common position (5),

| — | having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2003) 460 — C5-0352/2003) (6), |
| --- | --- |

—

having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2003) 460 — C5-0352/2003) (6),

| — | having regard to Article 251(5) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(5) of the EC Treaty,

| — | having regard to Rule 83 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 83 of its Rules of Procedure,

| — | having regard to the report of its delegation to the Conciliation Committee (A5-0365/2003), |
| --- | --- |

—

having regard to the report of its delegation to the Conciliation Committee (A5-0365/2003),

| 1. | Approves the joint text; |
| --- | --- |

1.

Approves the joint text;

| 2. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

2.

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 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; |
| --- | --- |

3.

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 President to forward this legislative resolution to the Council and Commission. |
| --- | --- |

4.

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

---

(1)  OJ C 271 E, 12.11.2003, p. 315.

(2)  OJ C 75 E, 26.3.2002, p. 357.

(3)  OJ C 20 E, 28.1.2003, p. 255.

(4)  ‘Texts Adopted’, 19.6.2003, P5_TA(2003)0285.

(5)  OJ C 102 E, 29.4.2003, p. 1.

(6)  Not yet published in the OJ.

P5_TA(2003)0499

Enhancing ship and port facility security ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on enhancing ship and port facility security (COM(2003) 229 — C5-0218/2003 — 2003/0089(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 229) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 229) (1),

| — | having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0218/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0218/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the Committee on Industry, External Trade, Research and Energy (A5-0385/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the Committee on Industry, External Trade, Research and Energy (A5-0385/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0089

Position of the European Parliament adopted at first reading on 19 November 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 on enhancing ship and port facility security

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having consulted the Committee of the Regions,

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

Whereas:

| (1) | Intentional unlawful acts and especially terrorism are among the greatest threats to the ideals of democracy and freedom and to the values of peace, which are the very essence of the European Union. |
| --- | --- |

(1)

Intentional unlawful acts and especially terrorism are among the greatest threats to the ideals of democracy and freedom and to the values of peace, which are the very essence of the European Union.

| (2) | The security of European Community shipping and of citizens using it and of the environment in the face of threats of intentional unlawful acts such as acts of terrorism, acts of piracy or similar, should be ensured at all times. |
| --- | --- |

(2)

The security of European Community shipping and of citizens using it and of the environment in the face of threats of intentional unlawful acts such as acts of terrorism, acts of piracy or similar, should be ensured at all times.

| (3) | In connection with the transport of goods containing especially dangerous substances, such as chemical and radioactive substances, the potential consequences of the threats posed by intentional unlawful acts for Union citizens and the environment are very serious. |
| --- | --- |

(3)

In connection with the transport of goods containing especially dangerous substances, such as chemical and radioactive substances, the potential consequences of the threats posed by intentional unlawful acts for Union citizens and the environment are very serious.

| (4) | On 12 December 2002 the Diplomatic Conference of the International Maritime Organisation (IMO) adopted amendments to the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and an International Ship and Port Facility Security Code (ISPS Code). These instruments are intended to enhance the security of ships used in international trade and associated port facilities; they comprise mandatory provisions, the scope of some of which in the Community should be clarified, and recommendations, some of which should be made mandatory within the Community. |
| --- | --- |

(4)

On 12 December 2002 the Diplomatic Conference of the International Maritime Organisation (IMO) adopted amendments to the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and an International Ship and Port Facility Security Code (ISPS Code). These instruments are intended to enhance the security of ships used in international trade and associated port facilities; they comprise mandatory provisions, the scope of some of which in the Community should be clarified, and recommendations, some of which should be made mandatory within the Community.

| (5) | Without prejudice to the rules of the Member States in the field of national security and measures which might be taken on the basis of Title VI of the Treaty on European Union, the security objective described in recital 2 should be achieved by adopting appropriate measures in the field of maritime transport policy establishing joint standards for the interpretation, implementation and monitoring within the Community of the provisions adopted by the Diplomatic Conference of the IMO on 12 December 2002. Implementing powers should be conferred on the Commission to adopt detailed implementing provisions. |
| --- | --- |

(5)

Without prejudice to the rules of the Member States in the field of national security and measures which might be taken on the basis of Title VI of the Treaty on European Union, the security objective described in recital 2 should be achieved by adopting appropriate measures in the field of maritime transport policy establishing joint standards for the interpretation, implementation and monitoring within the Community of the provisions adopted by the Diplomatic Conference of the IMO on 12 December 2002. Implementing powers should be conferred on the Commission to adopt detailed implementing provisions.

| (6) | This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(6)

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

| (7) | Security should be enhanced not only for ships used in international shipping and the port facilities which serve them, but also for ships operating domestic services within the Community and their port facilities, in particular passenger ships, on account of the number of human lives which such trade puts at risk. |
| --- | --- |

(7)

Security should be enhanced not only for ships used in international shipping and the port facilities which serve them, but also for ships operating domestic services within the Community and their port facilities, in particular passenger ships, on account of the number of human lives which such trade puts at risk.

| (8) | Part B of the ISPS Code comprises a number of recommendations which should be made mandatory within the Community in order to make uniform progress towards achievement of the security objective described in recital 2. |
| --- | --- |

(8)

Part B of the ISPS Code comprises a number of recommendations which should be made mandatory within the Community in order to make uniform progress towards achievement of the security objective described in recital 2.

| (9) | In order to contribute to the recognised and necessary objective of promoting intra-Community short-sea traffic, the Member States should be asked to conclude, in the light of regulation 11 of the special measures to enhance maritime security of the SOLAS Convention, the agreements on security arrangements for scheduled maritime traffic within the Community on fixed routes using dedicated port facilities, without this compromising the general standard of security sought. |
| --- | --- |

(9)

In order to contribute to the recognised and necessary objective of promoting intra-Community short-sea traffic, the Member States should be asked to conclude, in the light of regulation 11 of the special measures to enhance maritime security of the SOLAS Convention, the agreements on security arrangements for scheduled maritime traffic within the Community on fixed routes using dedicated port facilities, without this compromising the general standard of security sought.

| (10) | Permanently applying all the security rules provided for in this Regulation to port facilities situated in ports which only occasionally serve international shipping might be disproportionate. The Member States should determine, on the basis of the security assessments which they are to conduct, which ports are concerned and which alternative measures provide an adequate level of protection. |
| --- | --- |

(10)

Permanently applying all the security rules provided for in this Regulation to port facilities situated in ports which only occasionally serve international shipping might be disproportionate. The Member States should determine, on the basis of the security assessments which they are to conduct, which ports are concerned and which alternative measures provide an adequate level of protection.

| (11) | Member States should vigorously monitor compliance with the security rules by ships intending to enter a Community port, whatever their origin. The Member State concerned should appoint a ‘competent authority for maritime security’ responsible for coordinating, implementing and monitoring the application of the security measures laid down in this Regulation as they apply to ships and port facilities. This authority should require each ship intending to enter the port to provide in advance information concerning its international ship security certificate and the levels of safety at which it operates and has previously operated, and any other practical information concerning security. |
| --- | --- |

(11)

Member States should vigorously monitor compliance with the security rules by ships intending to enter a Community port, whatever their origin. The Member State concerned should appoint a ‘competent authority for maritime security’ responsible for coordinating, implementing and monitoring the application of the security measures laid down in this Regulation as they apply to ships and port facilities. This authority should require each ship intending to enter the port to provide in advance information concerning its international ship security certificate and the levels of safety at which it operates and has previously operated, and any other practical information concerning security.

| (12) | Member States should be permitted to grant exemptions from the systematic requirement to provide the information referred to in recital 11 in the case of intra-Community or domestic scheduled shipping services, provided the companies operating such services are able to provide such information at any time on request by the competent authorities of the Member States. |
| --- | --- |

(12)

Member States should be permitted to grant exemptions from the systematic requirement to provide the information referred to in recital 11 in the case of intra-Community or domestic scheduled shipping services, provided the companies operating such services are able to provide such information at any time on request by the competent authorities of the Member States.

| (13) | Security checks in the port may be carried out by the competent authorities for maritime security of the Member States, but also, as regards the international ship security certificate, by inspectors acting in the framework of port State control, as provided for in Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (3). Where different authorities are concerned, provision must therefore be made for them to complement each other. |
| --- | --- |

(13)

Security checks in the port may be carried out by the competent authorities for maritime security of the Member States, but also, as regards the international ship security certificate, by inspectors acting in the framework of port State control, as provided for in Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (3). Where different authorities are concerned, provision must therefore be made for them to complement each other.

| (14) | In view of the number of parties involved in the implementation of security measures, each Member State should appoint a single competent authority responsible for coordinating and monitoring the application of shipping security measures at national level. Member States should put in place the necessary resources and draw up a national plan for the implementation of this Regulation in order to achieve the security objective described in recital 2, in particular by establishing a timetable for the early implementation of certain measures in accordance with the terms of Resolution 6 adopted by the Diplomatic Conference of the IMO on 12 December 2002. The effectiveness of the checks on the implementation of each national system should be the subject of inspections supervised by the Commission. |
| --- | --- |

(14)

In view of the number of parties involved in the implementation of security measures, each Member State should appoint a single competent authority responsible for coordinating and monitoring the application of shipping security measures at national level. Member States should put in place the necessary resources and draw up a national plan for the implementation of this Regulation in order to achieve the security objective described in recital 2, in particular by establishing a timetable for the early implementation of certain measures in accordance with the terms of Resolution 6 adopted by the Diplomatic Conference of the IMO on 12 December 2002. The effectiveness of the checks on the implementation of each national system should be the subject of inspections supervised by the Commission.

| (15) | The effective and standard application of measures under this policy raises important questions in relation to its funding. Funding certain additional security measures ought not to give rise to distortions of competition. To this end, the Com mission should immediately undertake a study (intended to address in particular the way financing is shared between the public authorities and the operators, without prejudice to the distribution of competences between the Member States and the European Community) and to submit the results and, if appropriate, any proposals to the European Parliament and the Council. |
| --- | --- |

(15)

The effective and standard application of measures under this policy raises important questions in relation to its funding. Funding certain additional security measures ought not to give rise to distortions of competition. To this end, the Com mission should immediately undertake a study (intended to address in particular the way financing is shared between the public authorities and the operators, without prejudice to the distribution of competences between the Member States and the European Community) and to submit the results and, if appropriate, any proposals to the European Parliament and the Council.

| (16) | The measures needed to implement 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 (4). A procedure should be defined for the adaptation of this Regulation in the light of experience, to make mandatory further provisions of Part B of the ISPS Code not initially made mandatory by this Regulation. |
| --- | --- |

(16)

The measures needed to implement 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 (4). A procedure should be defined for the adaptation of this Regulation in the light of experience, to make mandatory further provisions of Part B of the ISPS Code not initially made mandatory by this Regulation.

| (17) | Since the objectives of this Regulation, namely the introduction and implementation of appropriate measures in the field of maritime transport policy, cannot be sufficiently achieved by the Member States and can therefore, by reason of the European scale of this Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives, |
| --- | --- |

(17)

Since the objectives of this Regulation, namely the introduction and implementation of appropriate measures in the field of maritime transport policy, cannot be sufficiently achieved by the Member States and can therefore, by reason of the European scale of this Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1.   The main objective of this Regulation is to introduce and implement Community measures aimed at enhancing the security of ships used in international trade and domestic shipping and associated port facilities in the face of threats of intentional unlawful acts.

2.   The Regulation is also intended to provide a basis for the harmonised interpretation and implementation and Community monitoring of the special measures to enhance maritime security adopted by the Diplomatic Conference of the IMO on 12 December 2002, which amended the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and established the International Ship and Port Facility Security Code (ISPS Code).

Article 2

Definitions

For the purposes of this Regulation:

| 1) | ‘special measures to enhance maritime security of the SOLAS Convention’ means the amendments, as attached as Annex I to this Regulation, inserting the new Chapter XI-2 into the Annex to the SOLAS Convention of the IMO, in its up-to-date version, |
| --- | --- |

1)

‘special measures to enhance maritime security of the SOLAS Convention’ means the amendments, as attached as Annex I to this Regulation, inserting the new Chapter XI-2 into the Annex to the SOLAS Convention of the IMO, in its up-to-date version,

| 2) | ‘ISPS Code’ means the International Ship and Port Facility Security Code of the IMO, in its up-to-date version, |
| --- | --- |

2)

‘ISPS Code’ means the International Ship and Port Facility Security Code of the IMO, in its up-to-date version,

| 3) | ‘Part A of the ISPS Code’ means the Preamble and the mandatory requirements forming Part A of the ISPS Code, as attached as Annex II to this Regulation, concerning the provisions of Chapter XI-2 of the Annex to the SOLAS Convention in its up-to-date version,, |
| --- | --- |

3)

‘Part A of the ISPS Code’ means the Preamble and the mandatory requirements forming Part A of the ISPS Code, as attached as Annex II to this Regulation, concerning the provisions of Chapter XI-2 of the Annex to the SOLAS Convention in its up-to-date version,,

| 4) | ‘Part B of the ISPS Code’ means the guidelines forming Part B of the ISPS Code, as attached as Annex III to this Regulation, regarding the provisions of chapter XI-2 of the Annex to the SOLAS Convention, as amended, and of Part A of the ISPS Code, in its up-to-date version, |
| --- | --- |

4)

‘Part B of the ISPS Code’ means the guidelines forming Part B of the ISPS Code, as attached as Annex III to this Regulation, regarding the provisions of chapter XI-2 of the Annex to the SOLAS Convention, as amended, and of Part A of the ISPS Code, in its up-to-date version,

| 5) | ‘maritime security’ means the combination of preventive measures intended to protect shipping and port facilities against threats of intentional unlawful acts, |
| --- | --- |

5)

‘maritime security’ means the combination of preventive measures intended to protect shipping and port facilities against threats of intentional unlawful acts,

| 6) | ‘focal point for maritime security’ means the body designated by each Member State to serve as a contact point for the Commission and other Member States and to facilitate, follow up and inform on the application of the maritime security measures laid down in this Regulation, |
| --- | --- |

6)

‘focal point for maritime security’ means the body designated by each Member State to serve as a contact point for the Commission and other Member States and to facilitate, follow up and inform on the application of the maritime security measures laid down in this Regulation,

| 7) | ‘competent authority for maritime security’ means an authority designated by a Member State to coordinate, implement and monitor the application of the security measures laid down in this Regulation in respect of ships and/or one or more port facilities. The competences of this authority may differ depending on the tasks assigned to it, |
| --- | --- |

7)

‘competent authority for maritime security’ means an authority designated by a Member State to coordinate, implement and monitor the application of the security measures laid down in this Regulation in respect of ships and/or one or more port facilities. The competences of this authority may differ depending on the tasks assigned to it,

| 8) | ‘international shipping’ means any maritime transport service by ship from a port facility of a Member State to a port facility outside that Member State, or conversely; |
| --- | --- |

8)

‘international shipping’ means any maritime transport service by ship from a port facility of a Member State to a port facility outside that Member State, or conversely;

| 9) | ‘domestic shipping’ means any transport service by ship in sea areas from a port facility of a Member State to the same port facility or another port facility within that Member State, |
| --- | --- |

9)

‘domestic shipping’ means any transport service by ship in sea areas from a port facility of a Member State to the same port facility or another port facility within that Member State,

| 10) | ‘scheduled service’ means a series of sailings organised in such a way as to provide a service linking two or more port facilities:






  (a) | either on the basis of a published timetable; |
| --- | --- | --- |

10)

‘scheduled service’ means a series of sailings organised in such a way as to provide a service linking two or more port facilities:

(a)

either on the basis of a published timetable;

| (b) | or with a regularity or frequency such as to constitute a recognisable systematic service, |
| --- | --- |

(b)

or with a regularity or frequency such as to constitute a recognisable systematic service,

| 11) | ‘port facility’ means a location where the ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate, |
| --- | --- |

11)

‘port facility’ means a location where the ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate,

| 12) | ‘ship/port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship, |
| --- | --- |

12)

‘ship/port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship,

| 13) | ‘intentional unlawful act‘ means a deliberate act, which, by its nature or context, could harm the vessels used for international or national maritime traffic, their passengers or their cargoes, or the port facilities connected therewith. |
| --- | --- |

13)

‘intentional unlawful act‘ means a deliberate act, which, by its nature or context, could harm the vessels used for international or national maritime traffic, their passengers or their cargoes, or the port facilities connected therewith.

Article 3

Joint measures and scope

1.   In respect of international shipping, Member States shall apply in full, by 1 July 2004, the special measures to enhance maritime security of the SOLAS Convention and Part A of the ISPS Code, in accordance with the conditions and with respect to the ships, companies and port facilities referred to therein.

2.   In respect of domestic shipping, Member States shall apply, by 1 July 2005, the special measures to enhance maritime security of the SOLAS Convention and Part A of the ISPS Code to Class A passenger ships within the meaning of Article 4 of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (5) operating domestic services and to their companies, as defined in regulation IX-1 of the SOLAS Convention, and to the port facilities serving them.

3.   Member States shall, after a mandatory security risk assessment, decide the extent to which they will apply, by 1 July 2007, the provisions of this Regulation to different categories of ships operating domestic services other than those referred to in paragraph 2, their companies and the port facilities serving them. The overall level of security should not be compromised by such a decision.

Member States shall notify the Commission of such decisions when they are adopted, as well as of the periodic review, which must take place at intervals of no more than five years.

4.   When implementing the provisions required pursuant to paragraphs 1, 2 and 3, Member States shall take fully into account the guidelines contained in Part B of the ISPS Code.

5.   Member States shall conform to the following paragraphs of Part B of the ISPS Code as if they were mandatory:

| 1. | 1.12 (revision of ship security plans), |
| --- | --- |

1.

1.12 (revision of ship security plans),

| 2. | 1.16 (port facility security assessment), |
| --- | --- |

2.

1.16 (port facility security assessment),

| 3. | 4.1 (protection of the confidentiality of security plans and assessments), |
| --- | --- |

3.

4.1 (protection of the confidentiality of security plans and assessments),

| 4. | 4.4 (recognised security organisations), |
| --- | --- |

4.

4.4 (recognised security organisations),

| 5. | 4.5 (minimum competencies of recognised security organisations), |
| --- | --- |

5.

4.5 (minimum competencies of recognised security organisations),

| 6. | 4.8. (setting the security level), |
| --- | --- |

6.

4.8. (setting the security level),

| 7. | 4.14, 4.15, 4.16 (contact points and information on port facility security plans), |
| --- | --- |

7.

4.14, 4.15, 4.16 (contact points and information on port facility security plans),

| 8. | 4.18 (identification documents), |
| --- | --- |

8.

4.18 (identification documents),

| 9. | 4.24 (ships' application of the security measures recommended by the State in whose territorial waters they are sailing), |
| --- | --- |

9.

4.24 (ships' application of the security measures recommended by the State in whose territorial waters they are sailing),

| 10. | 4.28 (manning level), |
| --- | --- |

10.

4.28 (manning level),

| 11. | 4.41 (communication of information when entry into port is denied or the ship is expelled from port), |
| --- | --- |

11.

4.41 (communication of information when entry into port is denied or the ship is expelled from port),

| 12. | 4.45 (ships from a State which is not party to the Convention), |
| --- | --- |

12.

4.45 (ships from a State which is not party to the Convention),

| 13. | 6.1 (company's obligation to provide the master with information on the ship's operators), |
| --- | --- |

13.

6.1 (company's obligation to provide the master with information on the ship's operators),

| 14. | 8.3 to 8.10 (minimum standards for the ship security assessment), |
| --- | --- |

14.

8.3 to 8.10 (minimum standards for the ship security assessment),

| 15. | 9.2 (minimum standards for the ship security plan), |
| --- | --- |

15.

9.2 (minimum standards for the ship security plan),

| 16. | 9.4 (independence of recognised security organisations), |
| --- | --- |

16.

9.4 (independence of recognised security organisations),

| 17. | 13.6 and 13.7 (frequency of security drills and exercises for ships' crews and for company and ship security officers), |
| --- | --- |

17.

13.6 and 13.7 (frequency of security drills and exercises for ships' crews and for company and ship security officers),

| 18. | 15.3 to 15.4 (minimum standards for the port facility security assessment), |
| --- | --- |

18.

15.3 to 15.4 (minimum standards for the port facility security assessment),

| 19. | 16.3 and 16.8 (minimum standards for the port facility security plan), |
| --- | --- |

19.

16.3 and 16.8 (minimum standards for the port facility security plan),

| 20. | 18.5. and 18.6 (frequency of security drills and exercises in port facilities and for port facility security officers). |
| --- | --- |

20.

18.5. and 18.6 (frequency of security drills and exercises in port facilities and for port facility security officers).

6.   Notwithstanding the provisions of paragraph 15.4 of Part A of the ISPS Code, the periodic review of the port facility security assessments provided for in paragraph 1.16 of Part B of the ISPS Code shall be carried out at the latest five years after the assessments were carried out or last reviewed.

7.   This Regulation shall not apply to ships of war and troopships, cargo ships of less than 500 gross tonnage, ships not propelled by mechanical means, wooden ships of primitive build, fishing vessels or vessels not engaged in commercial activities.

8.   Notwithstanding the provisions of paragraphs 2 and 3, Member States shall ensure, when ship security plans and port facility security plans are approved, that such plans contain appropriate provisions to ensure that the security of ships to which this Regulation applies is not compromised by any ship or port interface or ship-to-ship activity with any ships not subject to this Regulation.

Article 4

Communication of information

1.   Each Member State shall communicate to the IMO, the Commission and the other Member States the information required pursuant to regulation 13 (Communication of information) of the special measures to enhance maritime security of the SOLAS Convention.

2.   Each Member State shall communicate to the Commission and the other Member States the contact details of the contact officials referred to in paragraph 4.16 of Part B of the ISPS Code and the information provided for in paragraph 4.41 of Part B of the ISPS Code when a ship is expelled from or refused entry to a Community port.

3.   Each Member State shall draw up the list of port facilities concerned on the basis of the port facility security assessments carried out, and establish the scope of the measures taken to apply the provisions of paragraph 2 of regulation 2 (extent of application to port facilities which occasionally serve international voyages) of the special measures to enhance maritime security of the SOLAS Convention.

Each Member State shall communicate the said list to the other Member States and to the Commission by 1 July 2004 at the latest. The Commission and any Member State concerned shall also be given sufficient details of the measures taken.

Article 5

Alternative security agreements or equivalent security arrangements

1.   For the purposes of this Regulation, regulation 11 (Alternative security agreements) of the special measures to enhance maritime security of the SOLAS Convention may also apply to scheduled intra-Community shipping operating on fixed routes and using associated port facilities.

2.   To that end, Member States may conclude among themselves, each acting on its own behalf, the bilateral or multilateral agreements provided for in the said SOLAS regulation. Member States may, in particular, consider such agreements in order to promote intra-Community short sea shipping.

The Member States concerned shall notify the agreements to the Commission and provide sufficient details of the measures to allow the Commission to consider whether the agreements compromise the level of security of other ships or port facilities not covered by the agreements. The details of the measures directly linked to national security, if any, may be omitted from the notification to the Commission.

The Commission shall examine whether the agreements guarantee an adequate level of protection, in particular as regards the requirements of paragraph 2 of the abovementioned SOLAS regulation 11, and whether they conform with Community law and are in accordance with the proper functioning of the internal market. If the agreements do not meet these criteria, the Commission shall within four months adopt a decision in accordance with the procedure referred to in Article 11(3); in such cases, the Member States concerned shall revoke or adapt the agreements accordingly.

3.   The periodic review of such agreements provided for in paragraph 4 of regulation 11 of the special measures to enhance maritime security must take place at intervals of no more than five years.

4.   Member States may adopt, for domestic shipping and the port facilities as referred to in Articles 3(2) and 3(3) of this Regulation, equivalent security arrangements as provided for in regulation 12 (equivalent security arrangements) of the special measures to enhance maritime security of the SOLAS Convention, provided such security arrangements are as least as effective as those prescribed in Chapter XI-2 of the SOLAS Convention and the relevant mandatory provisions of the ISPS Code.

The Member State concerned shall communicate to the Commission sufficient details of such arrangements when they are adopted, and the outcome of periodic reviews thereof, at the latest five years after they were adopted or last reviewed.

The conditions of application of such arrangements shall be subject to the Commission inspections provided for in Article 9(4), (5) and (6) of this Regulation under the procedures defined therein.

Article 6

Provision of security information prior to entry into a port of a Member State

1.   When a ship which is subject to the requirements of the special measures to enhance maritime security of the SOLAS Convention and of the ISPS Code or of Article 3 of this Regulation announces its intention to enter a port of a Member State, the competent authority for maritime security of that Member State shall require that the information referred to in paragraph 2.1 of regulation 9 (Ships intending to enter a port of another Contracting Government) of the special measures to enhance maritime security of the SOLAS Convention be provided. The said authority shall analyse, as far as necessary, the information provided and, where necessary, apply the procedure provided for in paragraph 2 of that SOLAS regulation.

2.   The information referred to in paragraph 1 shall be provided:

| (a) | at least twenty-four hours in advance; or |
| --- | --- |

(a)

at least twenty-four hours in advance; or

| (b) | at the latest, at the time the ship leaves the previous port, if the voyage time is less than twenty-four hours; or |
| --- | --- |

(b)

at the latest, at the time the ship leaves the previous port, if the voyage time is less than twenty-four hours; or

| (c) | if the port of call is not known or if it is changed during the voyage, as soon as the port of call becomes known. |
| --- | --- |

(c)

if the port of call is not known or if it is changed during the voyage, as soon as the port of call becomes known.

3.   A report shall be kept of the procedure followed in respect of each ship subject to a security incident, as defined in paragraph 1.13 of regulation 1 (definitions) of the special measures to enhance maritime security of the SOLAS Convention.

Article 7

Exemptions from the provision of security information prior to entry into a port

1.   Member States may exempt scheduled services performed between port facilities located on their territory from the requirement laid down in Article 6 where the following conditions are met:

| (a) | the company operating the scheduled services referred to above keeps and updates a list of the ships concerned and sends it to the competent authority for maritime security for the port concerned, |
| --- | --- |

(a)

the company operating the scheduled services referred to above keeps and updates a list of the ships concerned and sends it to the competent authority for maritime security for the port concerned,

| (b) | for each voyage performed, the information referred to in paragraph 2.1 of regulation 9 of the special measures to enhance maritime security of the SOLAS Convention is kept available for the competent authority for maritime security upon request. The company must establish an internal system to ensure that, upon request 24 hours a day and without delay, the said information can be sent to the competent authority for maritime security. |
| --- | --- |

(b)

for each voyage performed, the information referred to in paragraph 2.1 of regulation 9 of the special measures to enhance maritime security of the SOLAS Convention is kept available for the competent authority for maritime security upon request. The company must establish an internal system to ensure that, upon request 24 hours a day and without delay, the said information can be sent to the competent authority for maritime security.

2.   When an international scheduled service is operated between two or more Member States, any of the Member States involved may request of the other Member States that an exemption be granted to that service,. in accordance with the conditions laid down in paragraph 1.

3.   Member States shall periodically check that the conditions laid down in paragraphs 1 and 2 are being met. Where at least one of these conditions is no longer being met, Member States shall immediately withdraw the privilege of the exemption from the company concerned.

4.   Member States shall draw up a list of companies and ships granted exemption under this Article, and shall update that list. They shall communicate the list and updates thereof to the Commission and any Member State concerned.

5.   Notwithstanding the provisions of paragraphs 1 and 2, a Member State may, on security grounds and on a case-by-case basis, request the provision of the information referred to in paragraph 2.1 of regulation 9 of the special measures to enhance maritime security of the SOLAS Convention prior to entry into a port.

Article 8

Security checks in Member State ports

1.   Certificate verification, as defined in paragraph 1.1 of regulation 9 (Control of ships in port) of the special measures to enhance maritime security of the SOLAS Convention, shall be carried out in the port either by the competent authority for maritime security defined in Article 2(7) of this Regulation or by the inspectors defined in Article 2(5) of Directive 95/21/EC.

2.   Where the officer conducting the certificate verification referred to in paragraph 1 has clear grounds for believing that the ship is not in compliance with the requirements of the special measures to enhance maritime security of the SOLAS Convention and of the ISPS Code, but does not belong to an authority which in that Member State is responsible for carrying out the measures provided for in paragraphs 1.2 and 1.3 of regulation 9 of the special measures to enhance maritime security of the SOLAS Convention, she/he shall immediately refer the matter to the said authority.

Article 9

Implementation and conformity checking

1.   Member States shall carry out the administrative and control tasks required pursuant to the provisions of the special measures to enhance maritime security of the SOLAS Convention and of the ISPS Code. They shall ensure that all necessary means are allocated and effectively provided for the implementation of the provisions of this Regulation.

2.   Member States shall designate a focal point for maritime security by 1 July 2004.

3.   Each Member State shall adopt a national programme for the implementation of this Regulation.

4.   Six months after the date of application of the relevant measures referred to in Article 3, the Commission, in cooperation with the focal point referred to in paragraph 2, shall start a series of inspections, including inspections of a suitable sample of port facilities and relevant companies, to monitor the application by Member States of this Regulation. These inspections shall take account of the data supplied by the focal point referred to in paragraph 2, including monitoring reports. The procedures for conducting such inspections shall be adopted in accordance with the procedure referred to in Article 11(2).

5.   The officials mandated by the Commission to conduct such inspections in accordance with paragraph 4 shall exercise their powers upon production of an authorisation in writing issued by the Commission and specifying the subject-matter, the purpose of the inspection and the date on which it is to begin. The Commission shall in good time before inspections inform the Member States concerned by the inspections.

The Member State concerned shall submit to such inspections and shall ensure that bodies or persons concerned also submit to those inspections.

6.   The Commission shall communicate the inspection reports to the Member State concerned, which shall indicate sufficient details of the measures taken to remedy any shortcomings within three months of receipt of the report. The report and the list of measures taken shall be communicated to the Committee referred to in Article 11(1).

Article 10

Integration of amendments to international instruments

1.   The applicable international instruments referred to in Article 2, which are applied in accordance with Article 3(1), shall be those which have entered into force, including the most recent amendments thereto, with the exception of the amendments excluded from the scope of this Regulation resulting from the conformity checking procedure established by paragraph 5.

2.   The integration of amendments to the international instruments referred to in Article 2 in respect of ships operating domestic services and the port facilities serving them to which this Regulation applies, in so far as they constitute a technical update of the provisions of the SOLAS Convention and the ISPS Code, shall be decided in accordance with the procedure referred to in Article 11(2). The procedure for checking conformity established by paragraph 5 shall not apply in these cases.

3.   In accordance with the procedure referred to in Article 11(2), provisions may be adopted in order to define harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation.

4.   For the purposes of this Regulation and with a view to reducing the risks of conflict between Community maritime legislation and international instruments, Member States and the Commission shall cooperate, through coordination meetings and/or any other appropriate means, in order to define, as appropriate, a common position or approach in the competent international fora.

5.   A procedure for checking conformity is hereby established in order to exclude from the scope of this Regulation any amendment to an international instrument only if, on the basis of an evaluation by the Commission, there is a manifest risk that such an amendment will lower the standard of maritime security or be incompatible with Community legislation.

The procedure for checking conformity may be used solely to make amendments to this Regulation in the fields expressly covered by the procedure referred to in Article 11(2) and strictly within the framework of exercise of implementing powers conferred on the Commission.

6.   In the circumstances referred to in paragraph 5, the procedure for checking conformity shall be initiated by the Commission, which, where appropriate, may act at the request of a Member State.

The Commission shall submit to the Committee set up in Article 11(1), without delay, after the adoption of an amendment to an international instrument, a proposal for measures with the aim of excluding the amendment in question from this Regulation.

The procedure for checking conformity, including, if applicable, the procedures set up in Article 5(6) of Decision 1999/468/EC, shall be completed at least one month before the expiration of the period established internationally for the tacit acceptance of the amendment concerned or the envisaged date for the entry into force of said amendment.

7.   In the event of a risk as referred to in the first subparagraph of paragraph 5, Member States shall refrain, during the course of the procedure for checking conformity, from taking any initiative intended to integrate the amendment in national legislation or to apply the amendment to the international instrument concerned.

8.   All relevant amendments to international instruments that are integrated in Community maritime legislation, in accordance with paragraphs 5 and 6, shall be published, for information purposes, in the Official Journal of the European Union.

Article 11

Committee procedure

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 laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month.

3.   Where reference is made to this paragraph, Articles 6 and 7 of Decision 1999/468/EC shall apply having regard to the provisions of Article 8 thereof.

The periods laid down in Article 6(b) and (c) respectively of Decision 1999/468/EC shall be set at one month.

4.   The Committee shall adopt its Rules of Procedure.

Article 12

Confidentiality

In applying this Regulation, the Commission shall take, in accordance with the provisions of Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (6), appropriate measures to protect information subject to the requirement of confidentiality to which it has access or which is communicated to it by Member States.

The Member States shall take equivalent measures in accordance with relevant national legislation.

Any personnel carrying out security inspections, or handling confidential information related to this Regulation, must have an appropriate level of security vetting by the Member State of the nationality of the personnel concerned.

Article 13

Dissemination of information

1.   Without prejudice to the public right of access to documents as laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (7), the inspection reports and the answers of the Member States referred to in Articles 4(3), 5(2), 5(4) and 9(6) shall be secret and shall not be published. They shall only be available to the relevant authorities, which shall communicate them only to interested parties on a need-to-know basis, in accordance with applicable national rules for dissemination of sensitive information.

2.   Member States shall, as far as possible and in accordance with applicable national law, treat as confidential information arising from inspection reports and answers of Member States when it relates to other Member States

3.   Unless it is clear that the inspection reports and answers shall or shall not be disclosed, Member States or the Commission shall consult with the Member State concerned.

Article 14

Sanctions

Member States shall ensure that effective, proportionate and dissuasive sanctions for breaching the provisions of this Regulation are introduced.

Article 15

Entry into force

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

It shall apply from 1 July 2004, apart from the provisions of Articles 3(2) and (3), and 9(4), which shall enter into force on and apply from the dates specified therein.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 32, 5.2.2004, p. 21.

1

(2)  Position of the European Parliament of 19 November 2003.

2

Position

(3)  OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).

3

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

4

(5)  OJ L 144, 15.5.1998, p. 1. Directive as last amended by Commission Directive 2003/75/EC (OJ L 190, 30.7.2003, p. 6).

5

(6)  OJ L 317, 3.12.2001, p. 1.

6

(7)  OJ L 145, 31.5.2001, p. 43.

7

ANNEX I

AMENDMENTS TO THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED

CHAPTER XI-2

SPECIAL MEASURES TO ENHANCE MARITIME SECURITY

Regulation 1

Definitions

| 1. | For the purpose of this chapter, unless expressly provided otherwise:






  1. | Bulk carrier means a bulk carrier as defined in regulation IX/1.6. |
| --- | --- | --- |

1.

For the purpose of this chapter, unless expressly provided otherwise:

1.

Bulk carrier means a bulk carrier as defined in regulation IX/1.6.

| 2. | Chemical tanker means a chemical tanker as defined in regulation VII/8.2. |
| --- | --- |

2.

Chemical tanker means a chemical tanker as defined in regulation VII/8.2.

| 3. | Gas carrier means a gas carrier as defined in regulation VII/11.2. |
| --- | --- |

3.

Gas carrier means a gas carrier as defined in regulation VII/11.2.

| 4. | High-speed craft means a craft as defined in regulation X/1.2. |
| --- | --- |

4.

High-speed craft means a craft as defined in regulation X/1.2.

| 5. | Mobile offshore drilling unit means a mechanically propelled mobile offshore drilling unit, as defined in regulation IX/1, not on location. |
| --- | --- |

5.

Mobile offshore drilling unit means a mechanically propelled mobile offshore drilling unit, as defined in regulation IX/1, not on location.

| 6. | Oil tanker means an oil tanker as defined in regulation II-1/2.12. |
| --- | --- |

6.

Oil tanker means an oil tanker as defined in regulation II-1/2.12.

| 7. | Company means a Company as defined in regulation IX/1. |
| --- | --- |

7.

Company means a Company as defined in regulation IX/1.

| 8. | Ship/port interface means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship. |
| --- | --- |

8.

Ship/port interface means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods or the provisions of port services to or from the ship.

| 9. | Port facility is a location, as determined by the Contracting Government or by the Designated Authority, where the ship/port interface takes place. This includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate. |
| --- | --- |

9.

Port facility is a location, as determined by the Contracting Government or by the Designated Authority, where the ship/port interface takes place. This includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate.

| 10. | Ship to ship activity means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another. |
| --- | --- |

10.

Ship to ship activity means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another.

| 11. | Designated Authority means the organisation(s) or the administration(s) identified, within the Contracting Government, as responsible for ensuring the implementation of the provisions of this chapter pertaining to port facility security and ship/port interface, from the point of view of the port facility. |
| --- | --- |

11.

Designated Authority means the organisation(s) or the administration(s) identified, within the Contracting Government, as responsible for ensuring the implementation of the provisions of this chapter pertaining to port facility security and ship/port interface, from the point of view of the port facility.

| 12. | International Ship and Port Facility Security (ISPS) Code means the International Code for the Security of Ships and of Port Facilities consisting of Part A (the provisions of which shall be treated as mandatory) and part B (the provisions of which shall be treated as recommendatory), as adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 as may be amended by the Organisation, provided that:






  1. | amendments to part A of the Code are adopted, brought into force and take effect in accordance with article VIII of the present Convention concerning the amendment procedures applicable to the Annex other than chapter I; and |
| --- | --- | --- |

12.

International Ship and Port Facility Security (ISPS) Code means the International Code for the Security of Ships and of Port Facilities consisting of Part A (the provisions of which shall be treated as mandatory) and part B (the provisions of which shall be treated as recommendatory), as adopted, on 12 December 2002, by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 as may be amended by the Organisation, provided that:

1.

amendments to part A of the Code are adopted, brought into force and take effect in accordance with article VIII of the present Convention concerning the amendment procedures applicable to the Annex other than chapter I; and

| 2. | amendments to part B of the Code are adopted by the Maritime Safety Committee in accordance with its Rules of Procedure. |
| --- | --- |

2.

amendments to part B of the Code are adopted by the Maritime Safety Committee in accordance with its Rules of Procedure.

| 13. | Security incident means any suspicious act or circumstance threatening the security of a ship, including a mobile offshore drilling unit and a high speed craft, or of a port facility or of any ship/port interface or any ship to ship activity. |
| --- | --- |

13.

Security incident means any suspicious act or circumstance threatening the security of a ship, including a mobile offshore drilling unit and a high speed craft, or of a port facility or of any ship/port interface or any ship to ship activity.

| 14. | Security level means the qualification of the degree of risk that a security incident will be attempted or will occur. |
| --- | --- |

14.

Security level means the qualification of the degree of risk that a security incident will be attempted or will occur.

| 15. | Declaration of security means an agreement reached between a ship and either a port facility or another ship with which it interfaces specifying the security measures each will implement. |
| --- | --- |

15.

Declaration of security means an agreement reached between a ship and either a port facility or another ship with which it interfaces specifying the security measures each will implement.

| 16. | Recognised security organisation means an organisation with appropriate expertise in security matters and with appropriate knowledge of ship and port operations authorised to carry out an assessment, or a verification, or an approval or a certification activity, required by this chapter or by part A of the ISPS Code. |
| --- | --- |

16.

Recognised security organisation means an organisation with appropriate expertise in security matters and with appropriate knowledge of ship and port operations authorised to carry out an assessment, or a verification, or an approval or a certification activity, required by this chapter or by part A of the ISPS Code.

| 2. | The term ‘ship’, when used in regulations 3 to 13, includes mobile offshore drilling units and highspeed craft. |
| --- | --- |

2.

The term ‘ship’, when used in regulations 3 to 13, includes mobile offshore drilling units and highspeed craft.

| 3. | The term ‘all ships’, when used in this chapter, means any ship to which this chapter applies. |
| --- | --- |

3.

The term ‘all ships’, when used in this chapter, means any ship to which this chapter applies.

| 4. | The term ‘Contracting Government’, when used in regulations 3, 4, 7, 10, 11, 12 and 13 includes a reference to the ‘Designated Authority’. |
| --- | --- |

4.

The term ‘Contracting Government’, when used in regulations 3, 4, 7, 10, 11, 12 and 13 includes a reference to the ‘Designated Authority’.

Regulation 2

Application

| 1. | This chapter applies to:






  1. | the following types of ships engaged on international voyages:






  1.1. | passenger ships, including high-speed passenger craft; |
| --- | --- | --- | --- |

1.

This chapter applies to:

1.

the following types of ships engaged on international voyages:

1.1.

passenger ships, including high-speed passenger craft;

| 1.2. | cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and |
| --- | --- |

1.2.

cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and

| 1.3. | mobile offshore drilling units; and |
| --- | --- |

1.3.

mobile offshore drilling units; and

| 2. | port facilities serving such ships engaged on international voyages. |
| --- | --- |

2.

port facilities serving such ships engaged on international voyages.

| 2. | Notwithstanding the provisions of paragraph 1.2, Contracting Governments shall decide the extent of application of this chapter and of the relevant sections of part A of the ISPS Code to those port facilities within their territory which, although used primarily by ships not engaged on international voyages, are required, occasionally, to serve ships arriving or departing on an international voyage.






  2.1. | Contracting Governments shall base their decisions, under paragraph 2, on a port facility security assessment carried out in accordance with the provisions of part A of the ISPS Code. |
| --- | --- | --- |

2.

Notwithstanding the provisions of paragraph 1.2, Contracting Governments shall decide the extent of application of this chapter and of the relevant sections of part A of the ISPS Code to those port facilities within their territory which, although used primarily by ships not engaged on international voyages, are required, occasionally, to serve ships arriving or departing on an international voyage.

2.1.

Contracting Governments shall base their decisions, under paragraph 2, on a port facility security assessment carried out in accordance with the provisions of part A of the ISPS Code.

| 2.2. | Any decision which a Contracting Government makes, under paragraph 2, shall not compromise the level of security intended to be achieved by this chapter or by part A of the ISPS Code. |
| --- | --- |

2.2.

Any decision which a Contracting Government makes, under paragraph 2, shall not compromise the level of security intended to be achieved by this chapter or by part A of the ISPS Code.

| 3. | This chapter does not apply to warships, naval auxiliaries or other ships owned or operated by a Contracting Government and used only on Government non-commercial service. |
| --- | --- |

3.

This chapter does not apply to warships, naval auxiliaries or other ships owned or operated by a Contracting Government and used only on Government non-commercial service.

| 4. | Nothing in this chapter shall prejudice the rights or obligations of States under international law. |
| --- | --- |

4.

Nothing in this chapter shall prejudice the rights or obligations of States under international law.

Regulation 3

Obligations of Contracting Governments with respect to security

| 1. | Administrations shall set security levels and ensure the provision of security level information to ships entitled to fly their flag. When changes in security level occur, security level information shall be updated as the circumstance dictates. |
| --- | --- |

1.

Administrations shall set security levels and ensure the provision of security level information to ships entitled to fly their flag. When changes in security level occur, security level information shall be updated as the circumstance dictates.

| 2. | Contracting Governments shall set security levels and ensure the provision of security level information to port facilities within their territory, and to ships prior to entering a port or whilst in a port within their territory. When changes in security level occur, security level information shall be updated as the circumstance dictates. |
| --- | --- |

2.

Contracting Governments shall set security levels and ensure the provision of security level information to port facilities within their territory, and to ships prior to entering a port or whilst in a port within their territory. When changes in security level occur, security level information shall be updated as the circumstance dictates.

Regulation 4

Requirements for Companies and ships

| 1. | Companies shall comply with the relevant requirements of this chapter and of part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code. |
| --- | --- |

1.

Companies shall comply with the relevant requirements of this chapter and of part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code.

| 2. | Ships shall comply with the relevant requirements of this chapter and of part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code, and such compliance shall be verified and certified as provided for in part A of the ISPS Code. |
| --- | --- |

2.

Ships shall comply with the relevant requirements of this chapter and of part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code, and such compliance shall be verified and certified as provided for in part A of the ISPS Code.

| 3. | Prior to entering a port or whilst in a port within the territory of a Contracting Government, a ship shall comply with the requirements for the security level set by that Contracting Government, if such security level is higher than the security level set by the Administration for that ship. |
| --- | --- |

3.

Prior to entering a port or whilst in a port within the territory of a Contracting Government, a ship shall comply with the requirements for the security level set by that Contracting Government, if such security level is higher than the security level set by the Administration for that ship.

| 4. | Ships shall respond without undue delay to any change to a higher security level. |
| --- | --- |

4.

Ships shall respond without undue delay to any change to a higher security level.

| 5. | Where a ship is not in compliance with the requirements of this chapter or of part A of the ISPS Code, or cannot comply with the requirements of the security level set by the Administration or by another Contracting Government and applicable to that ship, then the ship shall notify the appropriate competent authority prior to conducting any ship/port interface or prior to entry into port, whichever occurs earlier. |
| --- | --- |

5.

Where a ship is not in compliance with the requirements of this chapter or of part A of the ISPS Code, or cannot comply with the requirements of the security level set by the Administration or by another Contracting Government and applicable to that ship, then the ship shall notify the appropriate competent authority prior to conducting any ship/port interface or prior to entry into port, whichever occurs earlier.

Regulation 5

Specific responsibility of Companies

The Company shall ensure that the master has available on board, at all times, information through which officers duly authorised by a Contracting Government can establish:

| 1. | who is responsible for appointing the members of the crew or other persons currently employed or engaged on board the ship in any capacity on the business of that ship; |
| --- | --- |

1.

who is responsible for appointing the members of the crew or other persons currently employed or engaged on board the ship in any capacity on the business of that ship;

| 2. | who is responsible for deciding the employment of the ship; and |
| --- | --- |

2.

who is responsible for deciding the employment of the ship; and

| 3. | in cases where the ship is employed under the terms of charter party(ies), who are the parties to such charter party(ies). |
| --- | --- |

3.

in cases where the ship is employed under the terms of charter party(ies), who are the parties to such charter party(ies).

Regulation 6

Ship security alert system

| 1. | All ships shall be provided with a ship security alert system, as follows:






  1. | ships constructed on or after 1 July 2004; |
| --- | --- | --- |

1.

All ships shall be provided with a ship security alert system, as follows:

1.

ships constructed on or after 1 July 2004;

| 2. | passenger ships, including high-speed passenger craft, constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2004; |
| --- | --- |

2.

passenger ships, including high-speed passenger craft, constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2004;

| 3. | oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft, of 500 gross tonnage and upwards constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2004; and |
| --- | --- |

3.

oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft, of 500 gross tonnage and upwards constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2004; and

| 4. | other cargo ships of 500 gross tonnage and upward and mobile offshore drilling units constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2006. |
| --- | --- |

4.

other cargo ships of 500 gross tonnage and upward and mobile offshore drilling units constructed before 1 July 2004, not later than the first survey of the radio installation after 1 July 2006.

| 2. | The ship security alert system, when activated, shall:






  1. | initiate and transmit a ship-to-shore security alert to a competent authority designated by the Administration, which in these circumstances may include the Company, identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised; |
| --- | --- | --- |

2.

The ship security alert system, when activated, shall:

1.

initiate and transmit a ship-to-shore security alert to a competent authority designated by the Administration, which in these circumstances may include the Company, identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised;

| 2. | not send the ship security alert to any other ships; |
| --- | --- |

2.

not send the ship security alert to any other ships;

| 3. | not raise any alarm on-board the ship; and |
| --- | --- |

3.

not raise any alarm on-board the ship; and

| 4. | continue the ship security alert until deactivated and/or reset. |
| --- | --- |

4.

continue the ship security alert until deactivated and/or reset.

| 3. | The ship security alert system shall:






  1. | be capable of being activated from the navigation bridge and in at least one other location; and |
| --- | --- | --- |

3.

The ship security alert system shall:

1.

be capable of being activated from the navigation bridge and in at least one other location; and

| 2. | conform to performance standards not inferior to those adopted by the Organisation. |
| --- | --- |

2.

conform to performance standards not inferior to those adopted by the Organisation.

| 4. | The ship security alert system activation points shall be designed so as to prevent the inadvertent initiation of the ship security alert. |
| --- | --- |

4.

The ship security alert system activation points shall be designed so as to prevent the inadvertent initiation of the ship security alert.

| 5 | The requirement for a ship security alert system may be complied with by using the radio installation fitted for compliance with the requirements of chapter IV, provided all requirements of this regulation are complied with. |
| --- | --- |

5

The requirement for a ship security alert system may be complied with by using the radio installation fitted for compliance with the requirements of chapter IV, provided all requirements of this regulation are complied with.

| 6. | When an Administration receives notification of a ship security alert, that Administration shall immediately notify the State(s) in the vicinity of which the ship is presently operating. |
| --- | --- |

6.

When an Administration receives notification of a ship security alert, that Administration shall immediately notify the State(s) in the vicinity of which the ship is presently operating.

| 7. | When a Contracting Government receives notification of a ship security alert from a ship which is not entitled to fly its flag, that Contracting Government shall immediately notify the relevant Administration and, if appropriate, the State(s) in the vicinity of which the ship is presently operating. |
| --- | --- |

7.

When a Contracting Government receives notification of a ship security alert from a ship which is not entitled to fly its flag, that Contracting Government shall immediately notify the relevant Administration and, if appropriate, the State(s) in the vicinity of which the ship is presently operating.

1. Regulation 7

Threats to ships

| 1. | Contracting Governments shall set security levels and ensure the provision of security level information to ships operating in their territorial sea or having communicated an intention to enter their territorial sea. |
| --- | --- |

1.

Contracting Governments shall set security levels and ensure the provision of security level information to ships operating in their territorial sea or having communicated an intention to enter their territorial sea.

| 2. | Contracting Governments shall provide a point of contact through which such ships can request advice or assistance and to which such ships can report any security concerns about other ships, movements or communications. |
| --- | --- |

2.

Contracting Governments shall provide a point of contact through which such ships can request advice or assistance and to which such ships can report any security concerns about other ships, movements or communications.

| 3. | Where a risk of attack has been identified, the Contracting Government concerned shall advise the ships concerned and their Administrations of:






  1. | the current security level; |
| --- | --- | --- |

3.

Where a risk of attack has been identified, the Contracting Government concerned shall advise the ships concerned and their Administrations of:

1.

the current security level;

| 2. | any security measures that should be put in place by the ships concerned to protect themselves from attack, in accordance with the provisions of part A of the ISPS Code; and |
| --- | --- |

2.

any security measures that should be put in place by the ships concerned to protect themselves from attack, in accordance with the provisions of part A of the ISPS Code; and

| 3. | security measures that the coastal State has decided to put in place, as appropriate. |
| --- | --- |

3.

security measures that the coastal State has decided to put in place, as appropriate.

Regulation 8

Master's discretion for ship safety and security

| 1. | The master shall not be constrained by the Company, the charterer or any other person from taking or executing any decision which, in the professional judgement of the master, is necessary to maintain the safety and security of the ship. This includes denial of access to persons (except those identified as duly authorised by a Contracting Government) or their effects and refusal to load cargo, including containers or other closed cargo transport units. |
| --- | --- |

1.

The master shall not be constrained by the Company, the charterer or any other person from taking or executing any decision which, in the professional judgement of the master, is necessary to maintain the safety and security of the ship. This includes denial of access to persons (except those identified as duly authorised by a Contracting Government) or their effects and refusal to load cargo, including containers or other closed cargo transport units.

| 2. | If, in the professional judgement of the master, a conflict between any safety and security requirements applicable to the ship arises during its operations, the master shall give effect to those requirements necessary to maintain the safety of the ship. In such cases, the master may implement temporary security measures and shall forthwith inform the Administration and, if appropriate, the Contracting Government in whose port the ship is operating or intends to enter. Any such temporary security measures under this regulation shall, to the highest possible degree, be commensurate with the prevailing security level. When such cases are identified, the Administration shall ensure that such conflicts are resolved and that the possibility of recurrence is minimised. |
| --- | --- |

2.

If, in the professional judgement of the master, a conflict between any safety and security requirements applicable to the ship arises during its operations, the master shall give effect to those requirements necessary to maintain the safety of the ship. In such cases, the master may implement temporary security measures and shall forthwith inform the Administration and, if appropriate, the Contracting Government in whose port the ship is operating or intends to enter. Any such temporary security measures under this regulation shall, to the highest possible degree, be commensurate with the prevailing security level. When such cases are identified, the Administration shall ensure that such conflicts are resolved and that the possibility of recurrence is minimised.

Regulation 9

Control and compliance measures

| 1. | Control of ships in port






  1.1. | For the purpose of this chapter, every ship to which this chapter applies is subject to control when in a port of another Contracting Government by officers duly authorised by that Government, who may be the same as those carrying out the functions of regulation I/19. Such control shall be limited to verifying that there is onboard a valid International Ship Security Certificate or a valid Interim International Ship Security Certificate issued under the provisions of part A of the ISPS Code (Certificate), which if valid shall be accepted, unless there are clear grounds for believing that the ship is not in compliance with the requirements of this chapter or part A of the ISPS Code. |
| --- | --- | --- |

1.

Control of ships in port

1.1.

For the purpose of this chapter, every ship to which this chapter applies is subject to control when in a port of another Contracting Government by officers duly authorised by that Government, who may be the same as those carrying out the functions of regulation I/19. Such control shall be limited to verifying that there is onboard a valid International Ship Security Certificate or a valid Interim International Ship Security Certificate issued under the provisions of part A of the ISPS Code (Certificate), which if valid shall be accepted, unless there are clear grounds for believing that the ship is not in compliance with the requirements of this chapter or part A of the ISPS Code.

| 1.2. | When there are such clear grounds, or when no valid Certificate is produced when required, the officers duly authorised by the Contracting Government shall impose any one or more control measures in relation to that ship as provided in paragraph 1.3. Any such measures imposed must be proportionate, taking into account the guidance given in part B of the ISPS Code. |
| --- | --- |

1.2.

When there are such clear grounds, or when no valid Certificate is produced when required, the officers duly authorised by the Contracting Government shall impose any one or more control measures in relation to that ship as provided in paragraph 1.3. Any such measures imposed must be proportionate, taking into account the guidance given in part B of the ISPS Code.

| 1.3. | Such control measures are as follows: inspection of the ship, delaying the ship, detention of the ship, restriction of operations including movement within the port, or expulsion of the ship from port. Such control measures may additionally or alternatively include other lesser administrative or corrective measures. |
| --- | --- |

1.3.

Such control measures are as follows: inspection of the ship, delaying the ship, detention of the ship, restriction of operations including movement within the port, or expulsion of the ship from port. Such control measures may additionally or alternatively include other lesser administrative or corrective measures.

| 2. | Ships intending to enter a port of another Contracting Government






  2.1. | For the purpose of this chapter, a Contracting Government may require that ships intending to enter its ports provide the following information to officers duly authorised by that Government to ensure compliance with this chapter prior to entry into port with the aim of avoiding the need to impose control measures or steps:






  1. | that the ship possesses a valid Certificate and the name of its issuing authority; |
| --- | --- | --- | --- |

2.

Ships intending to enter a port of another Contracting Government

2.1.

For the purpose of this chapter, a Contracting Government may require that ships intending to enter its ports provide the following information to officers duly authorised by that Government to ensure compliance with this chapter prior to entry into port with the aim of avoiding the need to impose control measures or steps:

1.

that the ship possesses a valid Certificate and the name of its issuing authority;

| 2. | the security level at which the ship is currently operating; |
| --- | --- |

2.

the security level at which the ship is currently operating;

| 3. | the security level at which the ship operated in any previous port where it has conducted a ship/port interface within the timeframe specified in paragraph 2.3; |
| --- | --- |

3.

the security level at which the ship operated in any previous port where it has conducted a ship/port interface within the timeframe specified in paragraph 2.3;

| 4. | any special or additional security measures that were taken by the ship in any previous port where it has conducted a ship/port interface within the timeframe specified in paragraph 2.3; |
| --- | --- |

4.

any special or additional security measures that were taken by the ship in any previous port where it has conducted a ship/port interface within the timeframe specified in paragraph 2.3;

| 5. | that the appropriate ship security procedures were maintained during any ship to ship activity within the timeframe specified in paragraph 2.3; or |
| --- | --- |

5.

that the appropriate ship security procedures were maintained during any ship to ship activity within the timeframe specified in paragraph 2.3; or

| 6. | other practical security related information (but not details of the ship security plan), taking into account the guidance given in part B of the ISPS Code. |
| --- | --- |

6.

other practical security related information (but not details of the ship security plan), taking into account the guidance given in part B of the ISPS Code.

If requested by the Contracting Government, the ship or the Company shall provide confirmation, acceptable to that Contracting Government, of the information required above.

| 2.2. | Every ship to which this chapter applies intending to enter the port of another Contracting Government shall provide the information described in paragraph 2.1 on the request of the officers duly authorised by that Government. The master may decline to provide such information on the understanding that failure to do so may result in denial of entry into port. |
| --- | --- |

2.2.

Every ship to which this chapter applies intending to enter the port of another Contracting Government shall provide the information described in paragraph 2.1 on the request of the officers duly authorised by that Government. The master may decline to provide such information on the understanding that failure to do so may result in denial of entry into port.

| 2.3. | The ship shall keep records of the information referred to in paragraph 2.1 for the last 10 calls at port facilities. |
| --- | --- |

2.3.

The ship shall keep records of the information referred to in paragraph 2.1 for the last 10 calls at port facilities.

| 2.4. | If, after receipt of the information described in paragraph 2.1, officers duly authorised by the Contracting Government of the port in which the ship intends to enter have clear grounds for believing that the ship is in non-compliance with the requirements of this chapter or part A of the ISPS Code, such officers shall attempt to establish communication with and between the ship and the Administration in order to rectify the non-compliance. If such communication does not result in rectification, or if such officers have clear grounds otherwise for believing that the ship is in non-compliance with the requirements of this chapter or part A of the ISPS Code, such officers may take steps in relation to that ship as provided in paragraph 2.5. Any such steps taken must be proportionate, taking into account the guidance given in part B of the ISPS Code. |
| --- | --- |

2.4.

If, after receipt of the information described in paragraph 2.1, officers duly authorised by the Contracting Government of the port in which the ship intends to enter have clear grounds for believing that the ship is in non-compliance with the requirements of this chapter or part A of the ISPS Code, such officers shall attempt to establish communication with and between the ship and the Administration in order to rectify the non-compliance. If such communication does not result in rectification, or if such officers have clear grounds otherwise for believing that the ship is in non-compliance with the requirements of this chapter or part A of the ISPS Code, such officers may take steps in relation to that ship as provided in paragraph 2.5. Any such steps taken must be proportionate, taking into account the guidance given in part B of the ISPS Code.

| 2.5. | Such steps are as follows:






  1. | a requirement for the rectification of the non-compliance; |
| --- | --- | --- |

2.5.

Such steps are as follows:

1.

a requirement for the rectification of the non-compliance;

| 2. | a requirement that the ship proceed to a location specified in the territorial sea or internal waters of that Contracting Government; |
| --- | --- |

2.

a requirement that the ship proceed to a location specified in the territorial sea or internal waters of that Contracting Government;

| 3. | inspection of the ship, if the ship is in the territorial sea of the Contracting Government the port of which the ship intends to enter; or |
| --- | --- |

3.

inspection of the ship, if the ship is in the territorial sea of the Contracting Government the port of which the ship intends to enter; or

| 4. | denial of entry into port. |
| --- | --- |

4.

denial of entry into port.

Prior to initiating any such steps, the ship shall be informed by the Contracting Government of its intentions. Upon this information the master may withdraw the intention to enter that port. In such cases, this regulation shall not apply.

| 3. | Additional provisions






  3.1. | In the event:






  1. | of the imposition of a control measure, other than a lesser administrative or corrective measure, referred to in paragraph 1.3; or |
| --- | --- | --- | --- |

3.

Additional provisions

3.1.

In the event:

1.

of the imposition of a control measure, other than a lesser administrative or corrective measure, referred to in paragraph 1.3; or

| 2. | any of the steps referred to in paragraph 2.5 are taken, an officer duly authorised by the Contracting Government shall forthwith inform in writing the Administration specifying which control measures have been imposed or steps taken and the reasons thereof. The Contracting Government imposing the control measures or steps shall also notify the recognised security organisation, which issued the Certificate relating to the ship concerned and the Organisation when any such control measures have been imposed or steps taken. |
| --- | --- |

2.

any of the steps referred to in paragraph 2.5 are taken, an officer duly authorised by the Contracting Government shall forthwith inform in writing the Administration specifying which control measures have been imposed or steps taken and the reasons thereof. The Contracting Government imposing the control measures or steps shall also notify the recognised security organisation, which issued the Certificate relating to the ship concerned and the Organisation when any such control measures have been imposed or steps taken.

| 3.2. | When entry into port is denied or the ship is expelled from port, the authorities of the port State should communicate the appropriate facts to the authorities of the State of the next appropriate ports of call, when known, and any other appropriate coastal States, taking into account guidelines to be developed by the Organisation. Confidentiality and security of such notification shall be ensured. |
| --- | --- |

3.2.

When entry into port is denied or the ship is expelled from port, the authorities of the port State should communicate the appropriate facts to the authorities of the State of the next appropriate ports of call, when known, and any other appropriate coastal States, taking into account guidelines to be developed by the Organisation. Confidentiality and security of such notification shall be ensured.

| 3.3. | Denial of entry into port, pursuant to paragraphs 2.4 and 2.5, or expulsion from port, pursuant to paragraphs 1.1 to 1.3, shall only be imposed where the officers duly authorised by the Contracting Government have clear grounds to believe that the ship poses an immediate threat to the security or safety of persons, or of ships or other property and there are no other appropriate means for removing that threat. |
| --- | --- |

3.3.

Denial of entry into port, pursuant to paragraphs 2.4 and 2.5, or expulsion from port, pursuant to paragraphs 1.1 to 1.3, shall only be imposed where the officers duly authorised by the Contracting Government have clear grounds to believe that the ship poses an immediate threat to the security or safety of persons, or of ships or other property and there are no other appropriate means for removing that threat.

| 3.4. | The control measures referred to in paragraph 1.3 and the steps referred to in paragraph 2.5 shall only be imposed, pursuant to this regulation, until the non-compliance giving rise to the control measures or steps has been corrected to the satisfaction of the Contracting Government, taking into account actions proposed by the ship or the Administration, if any. |
| --- | --- |

3.4.

The control measures referred to in paragraph 1.3 and the steps referred to in paragraph 2.5 shall only be imposed, pursuant to this regulation, until the non-compliance giving rise to the control measures or steps has been corrected to the satisfaction of the Contracting Government, taking into account actions proposed by the ship or the Administration, if any.

| 3.5. | When Contracting Governments exercise control under paragraph 1 or take steps under paragraph 2:






  1. | all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained, or delayed, it shall be entitled to compensation for any loss or damage suffered; and |
| --- | --- | --- |

3.5.

When Contracting Governments exercise control under paragraph 1 or take steps under paragraph 2:

1.

all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained, or delayed, it shall be entitled to compensation for any loss or damage suffered; and

| 2. | necessary access to the ship shall not be prevented for emergency or humanitarian reasons and for security purposes. |
| --- | --- |

2.

necessary access to the ship shall not be prevented for emergency or humanitarian reasons and for security purposes.

Regulation 10

Requirements for port facilities

| 1. | Port facilities shall comply with the relevant requirements of this chapter and part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code. |
| --- | --- |

1.

Port facilities shall comply with the relevant requirements of this chapter and part A of the ISPS Code, taking into account the guidance given in part B of the ISPS Code.

| 2. | Contracting Governments with a port facility or port facilities within their territory, to which this regulation applies, shall ensure that:






  1. | port facility security assessments are carried out, reviewed and approved in accordance with the provisions of part A of the ISPS Code; and |
| --- | --- | --- |

2.

Contracting Governments with a port facility or port facilities within their territory, to which this regulation applies, shall ensure that:

1.

port facility security assessments are carried out, reviewed and approved in accordance with the provisions of part A of the ISPS Code; and

| 2. | port facility security plans are developed, reviewed, approved and implemented in accordance with the provisions of part A of the ISPS Code. |
| --- | --- |

2.

port facility security plans are developed, reviewed, approved and implemented in accordance with the provisions of part A of the ISPS Code.

| 3. | Contracting Governments shall designate and communicate the measures required to be addressed in a port facility security plan for the various security levels, including when the submission of a Declaration of Security will be required. |
| --- | --- |

3.

Contracting Governments shall designate and communicate the measures required to be addressed in a port facility security plan for the various security levels, including when the submission of a Declaration of Security will be required.

Regulation 11

Alternative security agreements

| 1. | Contracting Governments may, when implementing this chapter and part A of the ISPS Code, conclude in writing bilateral or multilateral agreements with other Contracting Governments on alternative security arrangements covering short international voyages on fixed routes between port facilities located within their territories. |
| --- | --- |

1.

Contracting Governments may, when implementing this chapter and part A of the ISPS Code, conclude in writing bilateral or multilateral agreements with other Contracting Governments on alternative security arrangements covering short international voyages on fixed routes between port facilities located within their territories.

| 2. | Any such agreement shall not compromise the level of security of other ships or of port facilities not covered by the agreement. |
| --- | --- |

2.

Any such agreement shall not compromise the level of security of other ships or of port facilities not covered by the agreement.

| 3. | No ship covered by such an agreement shall conduct any ship-to-ship activities with any ship not covered by the agreement. |
| --- | --- |

3.

No ship covered by such an agreement shall conduct any ship-to-ship activities with any ship not covered by the agreement.

| 4. | Such agreements shall be reviewed periodically, taking into account the experience gained as well as any changes in the particular circumstances or the assessed threats to the security of the ships, the port facilities or the routes covered by the agreement. |
| --- | --- |

4.

Such agreements shall be reviewed periodically, taking into account the experience gained as well as any changes in the particular circumstances or the assessed threats to the security of the ships, the port facilities or the routes covered by the agreement.

Regulation 12

Equivalent security arrangements

| 1. | An Administration may allow a particular ship or a group of ships entitled to fly its flag to implement other security measures equivalent to those prescribed in this chapter or in part A of the ISPS Code, provided such security measures are at least as effective as those prescribed in this chapter or part A of the ISPS Code. The Administration, which allows such security measures, shall communicate to the Organisation particulars thereof. |
| --- | --- |

1.

An Administration may allow a particular ship or a group of ships entitled to fly its flag to implement other security measures equivalent to those prescribed in this chapter or in part A of the ISPS Code, provided such security measures are at least as effective as those prescribed in this chapter or part A of the ISPS Code. The Administration, which allows such security measures, shall communicate to the Organisation particulars thereof.

| 2. | When implementing this chapter and part A of the ISPS Code, a Contracting Government may allow a particular port facility or a group of port facilities located within its territory, other than those covered by an agreement concluded under regulation 11, to implement security measures equivalent to those prescribed in this chapter or in Part A of the ISPS Code, provided such security measures are at least as effective as those prescribed in this chapter or part A of the ISPS Code. The Contracting Government, which allows such security measures, shall communicate to the Organisation particulars thereof. |
| --- | --- |

2.

When implementing this chapter and part A of the ISPS Code, a Contracting Government may allow a particular port facility or a group of port facilities located within its territory, other than those covered by an agreement concluded under regulation 11, to implement security measures equivalent to those prescribed in this chapter or in Part A of the ISPS Code, provided such security measures are at least as effective as those prescribed in this chapter or part A of the ISPS Code. The Contracting Government, which allows such security measures, shall communicate to the Organisation particulars thereof.

Regulation 13

Communication of information

| 1. | Contracting Governments shall, not later than 1 July 2004, communicate to the Organisation and shall make available for the information of Companies and ships:






  1. | the names and contact details of their national authority or authorities responsible for ship and port facility security; |
| --- | --- | --- |

1.

Contracting Governments shall, not later than 1 July 2004, communicate to the Organisation and shall make available for the information of Companies and ships:

1.

the names and contact details of their national authority or authorities responsible for ship and port facility security;

| 2. | the locations within their territory covered by the approved port facility security plans; |
| --- | --- |

2.

the locations within their territory covered by the approved port facility security plans;

| 3. | the names and contact details of those who have been designated to be available at all times to receive and act upon the ship-to-shore security alerts, referred to in regulation 6.2.1; |
| --- | --- |

3.

the names and contact details of those who have been designated to be available at all times to receive and act upon the ship-to-shore security alerts, referred to in regulation 6.2.1;

| 4. | the names and contact details of those who have been designated to be available. at all times to receive and act upon any communications from Contracting Governments exercising control and compliance measures, referred to in regulation 9.3.1; and |
| --- | --- |

4.

the names and contact details of those who have been designated to be available. at all times to receive and act upon any communications from Contracting Governments exercising control and compliance measures, referred to in regulation 9.3.1; and

| 5. | the names and contact details of those who have been designated to be available at all times to provide advice or assistance to ships and to whom ships can report any security concerns, referred to in regulation 7.2; and thereafter update such information as and when changes relating thereto occur. The Organisation shall circulate such particulars to other Contracting Governments for the information of their officers. |
| --- | --- |

5.

the names and contact details of those who have been designated to be available at all times to provide advice or assistance to ships and to whom ships can report any security concerns, referred to in regulation 7.2; and thereafter update such information as and when changes relating thereto occur. The Organisation shall circulate such particulars to other Contracting Governments for the information of their officers.

| 2. | Contracting Governments shall, not later than 1 July 2004, communicate to the Organisation the names and contact details of any recognised security organisations authorised to act on their behalf together with details of the specific responsibility and conditions of authority delegated to such organisations. Such information shall be updated as and when changes relating thereto occur. The Organisation shall circulate such particulars to other Contracting Governments for the information of their officers. |
| --- | --- |

2.

Contracting Governments shall, not later than 1 July 2004, communicate to the Organisation the names and contact details of any recognised security organisations authorised to act on their behalf together with details of the specific responsibility and conditions of authority delegated to such organisations. Such information shall be updated as and when changes relating thereto occur. The Organisation shall circulate such particulars to other Contracting Governments for the information of their officers.

| 3. | Contracting Governments shall, not later than 1 July 2004 communicate to the Organisation a list showing the approved port facility security plans for the port facilities located within their territory together with the location or locations covered by each approved port facility security plan and the corresponding date of approval and thereafter shall further communicate when any of the following changes take place:






  1. | changes in the location or locations covered by an approved port facility security plan are to be introduced or have been introduced. In such cases the information to be communicated shall indicate the changes in the location or locations covered by the plan and the date as of which such changes are to be introduced or were implemented; |
| --- | --- | --- |

3.

Contracting Governments shall, not later than 1 July 2004 communicate to the Organisation a list showing the approved port facility security plans for the port facilities located within their territory together with the location or locations covered by each approved port facility security plan and the corresponding date of approval and thereafter shall further communicate when any of the following changes take place:

1.

changes in the location or locations covered by an approved port facility security plan are to be introduced or have been introduced. In such cases the information to be communicated shall indicate the changes in the location or locations covered by the plan and the date as of which such changes are to be introduced or were implemented;

| 2. | an approved port facility security plan, previously included in the list submitted to the Organisation, is to be withdrawn or has been withdrawn. In such cases, the information to be communicated shall indicate the date on which the withdrawal will take effect or was implemented. In these cases, the communication shall be made to the Organisation as soon as is practically possible; and |
| --- | --- |

2.

an approved port facility security plan, previously included in the list submitted to the Organisation, is to be withdrawn or has been withdrawn. In such cases, the information to be communicated shall indicate the date on which the withdrawal will take effect or was implemented. In these cases, the communication shall be made to the Organisation as soon as is practically possible; and

| 3. | additions are to be made to the list of approved port facility security plans. In such cases, the information to be communicated shall indicate the location or locations covered by the plan and the date of approval. |
| --- | --- |

3.

additions are to be made to the list of approved port facility security plans. In such cases, the information to be communicated shall indicate the location or locations covered by the plan and the date of approval.

| 4. | Contracting Governments shall, at five year intervals after 1 July 2004, communicate to the Organisation a revised and updated list showing all the approved port facility security plans for the port facilities located within their territory together with the location or locations covered by each approved port facility security plan and the corresponding date of approval (and the date of approval of any amendments thereto) which will supersede and replace all information communicated to the Organisation, pursuant to paragraph 3, during the preceding five years. |
| --- | --- |

4.

Contracting Governments shall, at five year intervals after 1 July 2004, communicate to the Organisation a revised and updated list showing all the approved port facility security plans for the port facilities located within their territory together with the location or locations covered by each approved port facility security plan and the corresponding date of approval (and the date of approval of any amendments thereto) which will supersede and replace all information communicated to the Organisation, pursuant to paragraph 3, during the preceding five years.

| 5. | Contracting Governments shall communicate to the Organisation information that an agreement under regulation 11 has been concluded. The information communicated shall include:






  1. | the names of the Contracting Governments which have concluded the agreement; |
| --- | --- | --- |

5.

Contracting Governments shall communicate to the Organisation information that an agreement under regulation 11 has been concluded. The information communicated shall include:

1.

the names of the Contracting Governments which have concluded the agreement;

| 2. | the port facilities and the fixed routes covered by the agreement; |
| --- | --- |

2.

the port facilities and the fixed routes covered by the agreement;

| 3. | the periodicity of review of the agreement; |
| --- | --- |

3.

the periodicity of review of the agreement;

| 4. | the date of entry into force of the agreement; and |
| --- | --- |

4.

the date of entry into force of the agreement; and

| 5. | information on any consultations which have taken place with other Contracting Governments; and thereafter shall communicate, as soon as practically possible, to the Organisation information when the agreement has been amended or has ended. |
| --- | --- |

5.

information on any consultations which have taken place with other Contracting Governments; and thereafter shall communicate, as soon as practically possible, to the Organisation information when the agreement has been amended or has ended.

| 6. | Any Contracting Government which allows, under the provisions of regulation 12, any equivalent security arrangements with respect to a ship entitled to fly its flag or with respect to a port facility located within its territory, shall communicate to the Organisation particulars thereof. |
| --- | --- |

6.

Any Contracting Government which allows, under the provisions of regulation 12, any equivalent security arrangements with respect to a ship entitled to fly its flag or with respect to a port facility located within its territory, shall communicate to the Organisation particulars thereof.

| 7. | The Organisation shall make available the information communicated under paragraph 3 to other Contracting Governments upon request. |
| --- | --- |

7.

The Organisation shall make available the information communicated under paragraph 3 to other Contracting Governments upon request.

ANNEX II

INTERNATIONAL CODE FOR THE SECURITY OF SHIPS AND OF PORT FACILITIES

PREAMBLE

1. The Diplomatic Conference on Maritime Security held in London in December 2002 adopted new provisions in the International Convention for the Safety of Life at Sea, 1974 and this Code to enhance maritime security. These new requirements form the international framework through which ships and port facilities can cooperate to detect and deter acts which threaten security in the maritime transport sector.

2. Following the tragic events of 11th September 2001, the twenty-second session of the Assembly of the International Maritime Organisation (‘the Organisation’), in November 2001, unanimously agreed to the development of new measures relating to the security of ships and of port facilities for adoption by a Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (known as the Diplomatic Conference on Maritime Security) in December 2002. Preparation for the Diplomatic Conference was entrusted to the Organisation's Maritime Safety Committee (MSC) on the basis of submissions made by Member States, intergovernmental organisations and non-governmental organisations in consultative status with the Organisation.

3. The MSC, at its first extraordinary session, held also in November 2001, in order to accelerate the development and the adoption of the appropriate security measures, established an MSC Intersessional Working Group on Maritime Security. The first meeting of the MSC Intersessional Working Group on Maritime Security was held in February 2002 and the outcome of its discussions was reported to, and considered by, the seventy-fifth session of the MSC in May 2002, when an ad hoc Working Group was established to further develop the proposals made. The seventy-fifth session of the MSC considered the report of that Working Group and recommended that work should be taken forward through a further MSC Intersessional Working Group, which was held in September 2002. The seventy-sixth session of the MSC considered the outcome of the September 2002 session of the MSC Intersessional Working Group and the further work undertaken by the MSC Working Group held in conjunction with the Committee's seventy-sixth session in December 2002, immediately prior to the Diplomatic Conference, and agreed the final version of the proposed texts to be considered by the Diplomatic Conference.

4. The Diplomatic Conference (9 to 13 December 2002) also adopted amendments to the existing provisions of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74) accelerating the implementation of the requirement to fit Automatic Identification Systems and adopted new regulations in chapter XI-1 of SOLAS 74 covering marking of the Ship Identification Number and the carriage of a Continuous Synopsis Record. The Diplomatic Conference also adopted a number of Conference resolutions, including those covering implementation and revision of this Code, technical cooperation, and cooperative work with the International Labour Organisation and World Customs Organisation. It was recognised that review and amendment of certain of the new provisions regarding maritime security may be required on completion of the work of these two Organisations.

5. The provisions of chapter XI-2 of SOLAS 74 and this Code apply to ships and to port facilities. The extension of SOLAS 74 to cover port facilities was agreed on the basis that SOLAS 74 offered the speediest means of ensuring the necessary security measures entered into force and given effect quickly. However, it was further agreed that the provisions relating to port facilities should relate solely to the ship/port interface. The wider issue of the security of port areas will be the subject of further joint work between the International Maritime Organisation and the International Labour Organisation. It was also agreed that the provisions should not extend to the actual response to attacks or to any necessary clear-up activities after such an attack.

6. In drafting the provision, care has been taken to ensure compatibility with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, the International Safety Management (ISM) Code and the harmonised system of survey and certification.

7. The provisions represent a significant change in the approach of the international maritime industries to the issue of security in the maritime transport sector. It is recognised that they may place a significant additional burden on certain Contracting Governments. The importance of technical cooperation to assist Contracting Governments implement the provisions is fully recognised.

8. Implementation of the provisions will require continuing effective cooperation and understanding between all those involved with, or using, ships and port facilities, including ship's personnel, port personnel, passengers, cargo interests, ship and port management and those in National and Local Authorities with security responsibilities. Existing practices and procedures will have to be reviewed and changed if they do not provide an adequate level of security. In the interests of enhanced maritime security, additional responsibilities will have to be carried by the shipping and port industries and by National and Local Authorities.

9. The guidance given in part B of this Code should be taken into account when implementing the security provisions set out in chapter XI-2 of SOLAS 74 and in part A of this Code. However, it is recognised that the extent to which the guidance applies may vary depending on the nature of the port facility and of the ship, its trade and/or cargo.

10. Nothing in this Code shall be interpreted or applied in a manner inconsistent with the proper respect of fundamental rights and freedoms as set out in international instruments, particularly those relating to maritime workers and refugees, including the International Labour Organisation Declaration of Fundamental Principles and Rights at Work as well as international standards concerning maritime and port workers.

11. Recognising that the Convention on the Facilitation of Maritime Traffic, 1965, as amended, provides that foreign crew members shall be allowed ashore by the public authorities while the ship on which they arrive is in port, provided that the formalities on arrival of the ship have been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order, Contracting Governments, when approving ship and port facility security plans, should pay due cognisance to the fact that ship's personnel live and work on the vessel and need shore leave and access to shore-based seafarer welfare facilities, including medical care.

PART A

MANDATORY REQUIREMENTS REGARDING THE PROVISIONS OF CHAPTER XI-2 OF THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED

1.   General

1.1.   Introduction

This part of the International Code for the Security of Ships and of Port Facilities contains mandatory provisions to which reference is made in chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974, as amended.

1.2.   Objectives

The objectives of this Code are:

| 1. | to establish an international framework involving cooperation between Contracting Governments, Government agencies, local administrations and the shipping and port industries to detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade; |
| --- | --- |

1.

to establish an international framework involving cooperation between Contracting Governments, Government agencies, local administrations and the shipping and port industries to detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade;

| 2. | to establish the respective roles and responsibilities of the Contracting Governments, Government agencies, local administrations and the shipping and port industries, at the national and international level, for ensuring maritime security; |
| --- | --- |

2.

to establish the respective roles and responsibilities of the Contracting Governments, Government agencies, local administrations and the shipping and port industries, at the national and international level, for ensuring maritime security;

| 3. | to ensure the early and efficient collection and exchange of security-related information; |
| --- | --- |

3.

to ensure the early and efficient collection and exchange of security-related information;

| 4. | to provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels; and |
| --- | --- |

4.

to provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels; and

| 5. | to ensure confidence that adequate and proportionate maritime security measures are in place. |
| --- | --- |

5.

to ensure confidence that adequate and proportionate maritime security measures are in place.

1.3.   Functional requirements

In order to achieve its objectives, this Code embodies a number of functional requirements. These include, but are not limited to:

| 1. | gathering and assessing information with respect to security threats and exchanging such information with appropriate Contracting Governments; |
| --- | --- |

1.

gathering and assessing information with respect to security threats and exchanging such information with appropriate Contracting Governments;

| 2. | requiring the maintenance of communication protocols for ships and port facilities; |
| --- | --- |

2.

requiring the maintenance of communication protocols for ships and port facilities;

| 3. | preventing unauthorised access to ships, port facilities and their restricted areas; |
| --- | --- |

3.

preventing unauthorised access to ships, port facilities and their restricted areas;

| 4. | preventing the introduction of unauthorised weapons, incendiary devices or explosives to ships or port facilities; |
| --- | --- |

4.

preventing the introduction of unauthorised weapons, incendiary devices or explosives to ships or port facilities;

| 5. | providing means for raising the alarm in reaction to security threats or security incidents; |
| --- | --- |

5.

providing means for raising the alarm in reaction to security threats or security incidents;

| 6. | requiring ship and port facility security plans based upon security assessments; and |
| --- | --- |

6.

requiring ship and port facility security plans based upon security assessments; and

| 7. | equiring training, drills and exercises to ensure familiarity with security plans and procedures. |
| --- | --- |

7.

equiring training, drills and exercises to ensure familiarity with security plans and procedures.

2.   DEFINITIONS

2.1.   For the purpose of this part, unless expressly provided otherwise:

| 1. | Convention means the International Convention for the Safety of Life at Sea, 1974, as amended. |
| --- | --- |

1.

Convention means the International Convention for the Safety of Life at Sea, 1974, as amended.

| 2. | Regulation means a regulation of the Convention. |
| --- | --- |

2.

Regulation means a regulation of the Convention.

| 3. | Chapter means a chapter of the Convention. |
| --- | --- |

3.

Chapter means a chapter of the Convention.

| 4. | Ship security plan means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship's stores or the ship from the risks of a security incident. |
| --- | --- |

4.

Ship security plan means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship's stores or the ship from the risks of a security incident.

| 5. | Port facility security plan means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship's stores within the port facility from the risks of a security incident. |
| --- | --- |

5.

Port facility security plan means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship's stores within the port facility from the risks of a security incident.

| 6. | Ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship, including implementation and maintenance of the ship security plan, and for liaison with the company security officer and port facility security officers. |
| --- | --- |

6.

Ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship, including implementation and maintenance of the ship security plan, and for liaison with the company security officer and port facility security officers.

| 7. | Company security officer means the person designated by the Company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained, and for liaison with port facility security officers and the ship security officer. |
| --- | --- |

7.

Company security officer means the person designated by the Company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained, and for liaison with port facility security officers and the ship security officer.

| 8. | Port facility security officer means the person designated as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officers and company security officers. |
| --- | --- |

8.

Port facility security officer means the person designated as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officers and company security officers.

| 9. | Security level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times. |
| --- | --- |

9.

Security level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times.

| 10. | Security level 2 means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident. |
| --- | --- |

10.

Security level 2 means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident.

| 11. | Security level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target. |
| --- | --- |

11.

Security level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target.

2.2.   The term ‘ship’, when used in this Code, includes mobile offshore drilling units and high-speed craft as defined in regulation XI-2/1.

2.3.   The term ‘Contracting Government’ in connection with any reference to a port facility, when used in sections 14 to 18, includes a reference to the Designated Authority.

2.4.   Terms not otherwise defined in this part shall have the same meaning as the meaning attributed to them in chapters I and XI-2.

3.   APPLICATION

3.1.   This Code applies to:

| 1. | the following types of ships engaged on international voyages:






  1. | passenger ships, including high-speed passenger craft; |
| --- | --- | --- |

1.

the following types of ships engaged on international voyages:

1.

passenger ships, including high-speed passenger craft;

| 2. | cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and |
| --- | --- |

2.

cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and

| 3. | mobile offshore drilling units; and |
| --- | --- |

3.

mobile offshore drilling units; and

| 2. | port facilities serving such ships engaged on international voyages. |
| --- | --- |

2.

port facilities serving such ships engaged on international voyages.

3.2.   Notwithstanding the provisions of section 3.1.2, Contracting Governments shall decide the extent of application of this Part of the Code to those port facilities within their territory which, although used primarily by ships not engaged on international voyages, are required, occasionally, to serve ships arriving or departing on an international voyage.

3.2.1.   Contracting Governments shall base their decisions, under section 3.2, on a port facility security assessment carried out in accordance with this Part of the Code.

3.2.2.   Any decision which a Contracting Government makes, under section 3.2, shall not compromise the level of security intended to be achieved by chapter XI-2 or by this Part of the Code.

3.3.   This Code does not apply to warships, naval auxiliaries or other ships owned or operated by a Contracting Government and used only on Government non-commercial service.

3.4.   Sections 5 to 13 and 19 of this part apply to Companies and ships as specified in regulation XI-2/4.

3.5.   Sections 5 and 14 to 18 of this part apply to port facilities as specified in regulation XI-2/10.

3.6.   Nothing in this Code shall prejudice the rights or obligations of States under international law.

4.   RESPONSIBILITIES OF CONTRACTING GOVERNMENTS

4.1.   Subject to the provisions of regulation XI-2/3 and XI-2/7, Contracting Governments shall set security levels and provide guidance for protection from security incidents. Higher security levels indicate greater likelihood of occurrence of a security incident. Factors to be considered in setting the appropriate security level include:

| 1. | the degree that the threat information is credible; |
| --- | --- |

1.

the degree that the threat information is credible;

| 2. | the degree that the threat information is corroborated; |
| --- | --- |

2.

the degree that the threat information is corroborated;

| 3. | the degree that the threat information is specific or imminent; and |
| --- | --- |

3.

the degree that the threat information is specific or imminent; and

| 4. | the potential consequences of such a security incident. |
| --- | --- |

4.

the potential consequences of such a security incident.

4.2   Contracting Governments, when they set security level 3, shall issue, as necessary, appropriate instructions and shall provide security-related information to the ships and port facilities that may be affected.

4.3.   Contracting Governments may delegate to a recognised security organisation certain of their security-related duties under chapter XI-2 and this Part of the Code with the exception of:

| 1. | setting of the applicable security level; |
| --- | --- |

1.

setting of the applicable security level;

| 2. | approving a port facility security assessment and subsequent amendments to an approved assessment; |
| --- | --- |

2.

approving a port facility security assessment and subsequent amendments to an approved assessment;

| 3. | determining the port facilities which will be required to designate a port facility security officer; |
| --- | --- |

3.

determining the port facilities which will be required to designate a port facility security officer;

| 4. | approving a port facility security plan and subsequent amendments to an approved plan; |
| --- | --- |

4.

approving a port facility security plan and subsequent amendments to an approved plan;

| 5. | exercising control and compliance measures pursuant to regulation XI-2/9; and |
| --- | --- |

5.

exercising control and compliance measures pursuant to regulation XI-2/9; and

| 6. | establishing the requirements for a Declaration of Security. |
| --- | --- |

6.

establishing the requirements for a Declaration of Security.

4.4.   Contracting Governments shall, to the extent they consider appropriate, test the effectiveness of the ship security plans or the port facility security plans, or of amendments to such plans, they have approved, or, in the case of ships, of plans which have been approved on their behalf.

5.   DECLARATION OF SECURITY

5.1.   Contracting Governments shall determine when a Declaration of Security is required by assessing the risk the ship/port interface or ship-to-ship activity poses to persons, property or the environment.

5.2.   A ship can request completion of a Declaration of Security when:

| 1. | the ship is operating at a higher security level than the port facility or another ship it is interfacing with; |
| --- | --- |

1.

the ship is operating at a higher security level than the port facility or another ship it is interfacing with;

| 2. | there is an agreement on a Declaration of Security between Contracting Governments covering certain international voyages or specific ships on those voyages; |
| --- | --- |

2.

there is an agreement on a Declaration of Security between Contracting Governments covering certain international voyages or specific ships on those voyages;

| 3. | there has been a security threat or a security incident involving the ship or involving the port facility, as applicable; |
| --- | --- |

3.

there has been a security threat or a security incident involving the ship or involving the port facility, as applicable;

| 4. | the ship is at a port which is not required to have and implement an approved port facility security plan; or |
| --- | --- |

4.

the ship is at a port which is not required to have and implement an approved port facility security plan; or

| 5. | the ship is conducting ship-to-ship activities with another ship not required to have and implement an approved ship security plan. |
| --- | --- |

5.

the ship is conducting ship-to-ship activities with another ship not required to have and implement an approved ship security plan.

5.3.   Requests for the completion of a Declaration of Security, under this section, shall be acknowledged by the applicable port facility or ship.

5.4.   The Declaration of Security shall be completed by:

| 1. | the master or the ship security officer on behalf of the ship(s); and, if appropriate, |
| --- | --- |

1.

the master or the ship security officer on behalf of the ship(s); and, if appropriate,

| 2. | the port facility security officer or, if the Contracting Government determines otherwise, by any other body responsible for shore-side security, on behalf of the port facility. |
| --- | --- |

2.

the port facility security officer or, if the Contracting Government determines otherwise, by any other body responsible for shore-side security, on behalf of the port facility.

5.5.   The Declaration of Security shall address the security requirements that could be shared between a port facility and a ship (or between ships) and shall state the responsibility for each.

5.6.   Contracting Governments shall specify, bearing in mind the provisions of regulation XI-2/9.2.3, the minimum period for which Declarations of Security shall be kept by the port facilities located within their territory.

5.7.   Administrations shall specify, bearing in mind the provisions of regulation XI-2/9.2.3, the minimum period for which Declarations of Security shall be kept by ships entitled to fly their flag.

6.   OBLIGATIONS OF THE COMPANY

6.1.   The Company shall ensure that the ship security plan contains a clear statement emphasising the master's authority. The Company shall establish in the ship security plan that the master has the overriding authority and responsibility to make decisions with respect to the safety and security of the ship and to request the assistance of the Company or of any Contracting Government as may be necessary.

6.2.   The Company shall ensure that the company security officer, the master and the ship security officer are given the necessary support to fulfil their duties and responsibilities in accordance with chapter XI-2 and this Part of the Code.

7.   SHIP SECURITY

7.1.   A ship is required to act upon the security levels set by Contracting Governments as set out below.

7.2.   At security level 1, the following activities shall be carried out, through appropriate measures, on all ships, taking into account the guidance given in part B of this Code, in order to identify and take preventive measures against security incidents:

| 1. | ensuring the performance of all ship security duties; |
| --- | --- |

1.

ensuring the performance of all ship security duties;

| 2. | controlling access to the ship; |
| --- | --- |

2.

controlling access to the ship;

| 3. | controlling the embarkation of persons and their effects; |
| --- | --- |

3.

controlling the embarkation of persons and their effects;

| 4. | monitoring restricted areas to ensure that only authorised persons have access; |
| --- | --- |

4.

monitoring restricted areas to ensure that only authorised persons have access;

| 5. | monitoring of deck areas and areas surrounding the ship; |
| --- | --- |

5.

monitoring of deck areas and areas surrounding the ship;

| 6. | supervising the handling of cargo and ship's stores; and |
| --- | --- |

6.

supervising the handling of cargo and ship's stores; and

| 7. | ensuring that security communication is readily available. |
| --- | --- |

7.

ensuring that security communication is readily available.

7.3.   At security level 2, additional protective measures, specified in the ship security plan, shall be implemented for each activity detailed in section 7.2, taking into account the guidance given in part B of this Code.

7.4.   At security level 3, further specific protective measures, specified in the ship security plan, shall be implemented for each activity detailed in section 7.2, taking into account the guidance given in part B of this Code.

7.5.   Whenever security level 2 or 3 is set by the Administration, the ship shall acknowledge receipt of the instructions on change of the security level.

7.6.   Prior to entering a port or whilst in a port within the territory of a Contracting Government that has set security level 2 or 3, the ship shall acknowledge receipt of this instruction and shall confirm to the port facility security officer the initiation of the implementation of the appropriate measures and procedures as detailed in the ship security plan, and in the case of security level 3, in instructions issued by the Contracting Government which has set security level 3. The ship shall report any difficulties in implementation. In such cases, the port facility security officer and ship security officer shall liaise and coordinate the appropriate actions.

7.7.   If a ship is required by the Administration to set, or is already at, a higher security level than that set for the port it intends to enter or in which it is already located, then the ship shall advise, without delay, the competent authority of the Contracting Government within whose territory the port facility is located and the port facility security officer of the situation.

7.7.1.   In such cases, the ship security officer shall liaise with the port facility security officer and coordinate appropriate actions, if necessary.

7.8.   An Administration requiring ships entitled to fly its flag to set security level 2 or 3 in a port of another Contracting Government shall inform that Contracting Government without delay.

7.9.   When Contracting Governments set security levels and ensure the provision of security-level information to ships operating in their territorial sea, or having communicated an intention to enter their territorial sea, such ships shall be advised to maintain vigilance and report immediately to their Administration and any nearby coastal States any information that comes to their attention that might affect maritime security in the area.

7.9.1.   When advising such ships of the applicable security level, a Contracting Government shall, taking into account the guidance given in part B of this Code, also advise those ships of any security measure that they should take and, if appropriate, of measures that have been taken by the Contracting Government to provide protection against the threat.

8.   SHIP SECURITY ASSESSMENT

8.1.   The ship security assessment is an essential and integral part of the process of developing and updating the ship security plan.

8.2.   The company security officer shall ensure that the ship security assessment is carried out by persons with appropriate skills to evaluate the security of a ship, in accordance with this section, taking into account the guidance given in part B of this Code.

8.3.   Subject to the provisions of section 9.2.1, a recognised security organisation may carry out the ship security assessment of a specific ship.

8.4.   The ship security assessment shall include an on-scene security survey and, at least, the following elements:

| 1. | identification of existing security measures, procedures and operations; |
| --- | --- |

1.

identification of existing security measures, procedures and operations;

| 2. | identification and evaluation of key shipboard operations that it is important to protect; |
| --- | --- |

2.

identification and evaluation of key shipboard operations that it is important to protect;

| 3. | identification of possible threats to the key shipboard operations and the likelihood of their occurrence, in order to establish and prioritise security measures; and |
| --- | --- |

3.

identification of possible threats to the key shipboard operations and the likelihood of their occurrence, in order to establish and prioritise security measures; and

| 4. | identification of weaknesses, including human factors, in the infrastructure, policies and procedures. |
| --- | --- |

4.

identification of weaknesses, including human factors, in the infrastructure, policies and procedures.

8.5.   The ship security assessment shall be documented, reviewed, accepted and retained by the Company.

9.   SHIP SECURITY PLAN

9.1.   Each ship shall carry on board a ship security plan approved by the Administration. The plan shall make provisions for the three security levels as defined in this Part of the Code.

9.1.1.   Subject to the provisions of section 9.2.1, a recognised security organisation may prepare the ship security plan for a specific ship.

9.2.   The Administration may entrust the review and approval of ship security plans, or of amendments to a previously approved plan, to recognised security organisations.

9.2.1.   In such cases, the recognised security organisation undertaking the review and approval of a ship security plan, or its amendments, for a specific ship shall not have been involved in either the preparation of the ship security assessment or of the ship security plan, or of the amendments, under review.

9.3.   The submission of a ship security plan, or of amendments to a previously approved plan, for approval shall be accompanied by the security assessment on the basis of which the plan, or the amendments, has been developed.

9.4.   Such a plan shall be developed, taking into account the guidance given in part B of this Code, and shall be written in the working language or languages of the ship. If the language or languages used is not English, French or Spanish, a translation into one of these languages shall be included. The plan shall address, at least, the following:

| 1. | measures designed to prevent weapons, dangerous substances and devices intended for use against persons, ships or ports and the carriage of which is not authorised from being taken on board the ship; |
| --- | --- |

1.

measures designed to prevent weapons, dangerous substances and devices intended for use against persons, ships or ports and the carriage of which is not authorised from being taken on board the ship;

| 2. | identification of the restricted areas and measures for the prevention of unauthorised access to them; |
| --- | --- |

2.

identification of the restricted areas and measures for the prevention of unauthorised access to them;

| 3. | measures for the prevention of unauthorised access to the ship; |
| --- | --- |

3.

measures for the prevention of unauthorised access to the ship;

| 4. | procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the ship or ship/port interface; |
| --- | --- |

4.

procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the ship or ship/port interface;

| 5. | procedures for responding to any security instructions Contracting Governments may give at security level 3; |
| --- | --- |

5.

procedures for responding to any security instructions Contracting Governments may give at security level 3;

| 6. | procedures for evacuation in case of security threats or breaches of security; |
| --- | --- |

6.

procedures for evacuation in case of security threats or breaches of security;

| 7. | duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects; |
| --- | --- |

7.

duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects;

| 8. | procedures for auditing the security activities; |
| --- | --- |

8.

procedures for auditing the security activities;

| 9. | procedures for training, drills and exercises associated with the plan; |
| --- | --- |

9.

procedures for training, drills and exercises associated with the plan;

| 10. | procedures for interfacing with port facility security activities; |
| --- | --- |

10.

procedures for interfacing with port facility security activities;

| 11. | procedures for the periodic review of the plan and for updating; |
| --- | --- |

11.

procedures for the periodic review of the plan and for updating;

| 12. | procedures for reporting security incidents; |
| --- | --- |

12.

procedures for reporting security incidents;

| 13. | identification of the ship security officer; |
| --- | --- |

13.

identification of the ship security officer;

| 14. | identification of the company security officer, including 24-hour contact details; |
| --- | --- |

14.

identification of the company security officer, including 24-hour contact details;

| 15. | procedures to ensure the inspection, testing, calibration, and maintenance of any security equipment provided on board; |
| --- | --- |

15.

procedures to ensure the inspection, testing, calibration, and maintenance of any security equipment provided on board;

| 16. | frequency for testing or calibration of any security equipment provided on board; |
| --- | --- |

16.

frequency for testing or calibration of any security equipment provided on board;

| 17. | identification of the locations where the ship security alert system activation points are provided (Administrations may allow, in order to avoid compromising in any way the objective of providing on board the ship security alert system, this information to be kept elsewhere on board in a document known to the master, the ship security officer and other senior shipboard personnel as may be decided by the Company); and |
| --- | --- |

17.

identification of the locations where the ship security alert system activation points are provided (Administrations may allow, in order to avoid compromising in any way the objective of providing on board the ship security alert system, this information to be kept elsewhere on board in a document known to the master, the ship security officer and other senior shipboard personnel as may be decided by the Company); and

| 18. | procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting and to limit false alerts. |
| --- | --- |

18.

procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting and to limit false alerts.

9.4.1.   Personnel conducting internal audits of the security activities specified in the plan or evaluating its implementation shall be independent of the activities being audited unless this is impracticable due to the size and the nature of the Company or of the ship.

9.5.   The Administration shall determine which changes to an approved ship security plan or to any security equipment specified in an approved plan shall not be implemented unless the relevant amendments to the plan are approved by the Administration. Any such changes shall be at least as effective as those measures prescribed in chapter XI-2 and this Part of the Code.

9.5.1.   The nature of the changes to the ship security plan or the security equipment that have been specifically approved by the Administration, pursuant to section 9.5, shall be documented in a manner that clearly indicates such approval. This approval shall be available on board and shall be presented together with the International Ship Security Certificate (or the Interim International Ship Security Certificate). If these changes are temporary, once the original approved measures or equipment are reinstated, this documentation no longer needs to be retained by the ship.

9.6.   The plan may be kept in an electronic format. In such a case, it shall be protected by procedures aimed at preventing its unauthorised deletion, destruction or amendment.

9.7.   The plan shall be protected from unauthorised access or disclosure.

9.8.   Ship security plans are not subject to inspection by officers duly authorised by a Contracting Government to carry out control and compliance measures in accordance with regulation XI-2/9, save in circumstances specified in section 9.8.1.

9.8.1.   If the officers duly authorised by a Contracting Government have clear grounds to believe that the ship is not in compliance with the requirements of chapter XI-2 or part A of this Code, and the only means to verify or rectify the non-compliance is to review the relevant requirements of the ship security plan, limited access to the specific sections of the plan relating to the non-compliance is exceptionally allowed, but only with the consent of the Contracting Government of, or the master of, the ship concerned. Nevertheless, the provisions in the plan relating to section 9.4 subsections 2, 4, 5, 7, 15, 17 and 18 of this Part of the Code are considered as confidential information, and cannot be subject to inspection unless otherwise agreed by the Contracting Governments concerned.

10.   RECORDS

10.1.   Records of the following activities addressed in the ship security plan shall be kept on board for at least the minimum period specified by the Administration, bearing in mind the provisions of regulation XI-2/9.2.3:

| 1. | training, drills and exercises; |
| --- | --- |

1.

training, drills and exercises;

| 2. | security threats and security incidents; |
| --- | --- |

2.

security threats and security incidents;

| 3. | breaches of security; |
| --- | --- |

3.

breaches of security;

| 4. | changes in security level; |
| --- | --- |

4.

changes in security level;

| 5. | communications relating to the direct security of the ship such as specific threats to the ship or to port facilities the ship is, or has been, in; |
| --- | --- |

5.

communications relating to the direct security of the ship such as specific threats to the ship or to port facilities the ship is, or has been, in;

| 6. | internal audits and reviews of security activities; |
| --- | --- |

6.

internal audits and reviews of security activities;

| 7. | periodic review of the ship security assessment; |
| --- | --- |

7.

periodic review of the ship security assessment;

| 8. | periodic review of the ship security plan; |
| --- | --- |

8.

periodic review of the ship security plan;

| 9. | implementation of any amendments to the plan; and |
| --- | --- |

9.

implementation of any amendments to the plan; and

| 10. | maintenance, calibration and testing of any security equipment provided on board, including testing of the ship security alert system. |
| --- | --- |

10.

maintenance, calibration and testing of any security equipment provided on board, including testing of the ship security alert system.

10.2.   The records shall be kept in the working language or languages of the ship. If the language or languages used are not English, French or Spanish, a translation into one of these languages shall be included.

10.3.   The records may be kept in an electronic format. In such a case, they shall be protected by procedures aimed at preventing their unauthorised deletion, destruction or amendment.

10.4.   The records shall be protected from unauthorised access or disclosure.

11.   COMPANY SECURITY OFFICER

11.1.   The Company shall designate a company security officer. A person designated as the company security officer may act as the company security officer for one or more ships, depending on the number or types of ships the Company operates, provided it is clearly identified for which ships this person is responsible. A Company may, depending on the number or types of ships they operate, designate several persons as company security officers provided it is clearly identified for which ships each person is responsible.

11.2.   In addition to those specified elsewhere in this Part of the Code, the duties and responsibilities of the company security officer shall include, but are not limited to:

| 1. | advising the level of threats likely to be encountered by the ship, using appropriate security assessments and other relevant information; |
| --- | --- |

1.

advising the level of threats likely to be encountered by the ship, using appropriate security assessments and other relevant information;

| 2. | ensuring that ship security assessments are carried out; |
| --- | --- |

2.

ensuring that ship security assessments are carried out;

| 3. | ensuring the development, the submission for approval, and thereafter the implementation and maintenance of the ship security plan; |
| --- | --- |

3.

ensuring the development, the submission for approval, and thereafter the implementation and maintenance of the ship security plan;

| 4. | ensuring that the ship security plan is modified, as appropriate, to correct deficiencies and satisfy the security requirements of the individual ship; |
| --- | --- |

4.

ensuring that the ship security plan is modified, as appropriate, to correct deficiencies and satisfy the security requirements of the individual ship;

| 5. | arranging for internal audits and reviews of security activities; |
| --- | --- |

5.

arranging for internal audits and reviews of security activities;

| 6. | arranging for the initial and subsequent verifications of the ship by the Administration or the recognised security organisation; |
| --- | --- |

6.

arranging for the initial and subsequent verifications of the ship by the Administration or the recognised security organisation;

| 7. | ensuring that deficiencies and non-conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance are promptly addressed and dealt with; |
| --- | --- |

7.

ensuring that deficiencies and non-conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance are promptly addressed and dealt with;

| 8. | enhancing security awareness and vigilance; |
| --- | --- |

8.

enhancing security awareness and vigilance;

| 9. | ensuring adequate training for personnel responsible for the security of the ship; |
| --- | --- |

9.

ensuring adequate training for personnel responsible for the security of the ship;

| 10. | ensuring effective communication and cooperation between the ship security officer and the relevant port facility security officers; |
| --- | --- |

10.

ensuring effective communication and cooperation between the ship security officer and the relevant port facility security officers;

| 11. | ensuring consistency between security requirements and safety requirements; |
| --- | --- |

11.

ensuring consistency between security requirements and safety requirements;

| 12. | ensuring that, if sister-ship or fleet security plans are used, the plan for each ship reflects the ship-specific information accurately; and |
| --- | --- |

12.

ensuring that, if sister-ship or fleet security plans are used, the plan for each ship reflects the ship-specific information accurately; and

| 13. | ensuring that any alternative or equivalent arrangements approved for a particular ship or group of ships are implemented and maintained. |
| --- | --- |

13.

ensuring that any alternative or equivalent arrangements approved for a particular ship or group of ships are implemented and maintained.

12.   SHIP SECURITY OFFICER

12.1.   A ship security officer shall be designated on each ship.

12.2.   In addition to those specified elsewhere in this Part of the Code, the duties and responsibilities of the ship security officer shall include, but are not limited to:

| 1. | undertaking regular security inspections of the ship to ensure that appropriate security measures are maintained; |
| --- | --- |

1.

undertaking regular security inspections of the ship to ensure that appropriate security measures are maintained;

| 2. | maintaining and supervising the implementation of the ship security plan, including any amendments to the plan; |
| --- | --- |

2.

maintaining and supervising the implementation of the ship security plan, including any amendments to the plan;

| 3. | coordinating the security aspects of the handling of cargo and ship's stores with other shipboard personnel and with the relevant port facility security officers; |
| --- | --- |

3.

coordinating the security aspects of the handling of cargo and ship's stores with other shipboard personnel and with the relevant port facility security officers;

| 4. | proposing modifications to the ship security plan; |
| --- | --- |

4.

proposing modifications to the ship security plan;

| 5. | reporting to the company security officer any deficiencies and non-conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance and implementing any corrective actions; |
| --- | --- |

5.

reporting to the company security officer any deficiencies and non-conformities identified during internal audits, periodic reviews, security inspections and verifications of compliance and implementing any corrective actions;

| 6. | enhancing security awareness and vigilance on board; |
| --- | --- |

6.

enhancing security awareness and vigilance on board;

| 7. | ensuring that adequate training has been provided to shipboard personnel, as appropriate; |
| --- | --- |

7.

ensuring that adequate training has been provided to shipboard personnel, as appropriate;

| 8. | reporting all security incidents; |
| --- | --- |

8.

reporting all security incidents;

| 9. | coordinating implementation of the ship security plan with the company security officer and the relevant port facility security officer; and |
| --- | --- |

9.

coordinating implementation of the ship security plan with the company security officer and the relevant port facility security officer; and

| 10. | ensuring that security equipment is properly operated, tested, calibrated and maintained, if any. |
| --- | --- |

10.

ensuring that security equipment is properly operated, tested, calibrated and maintained, if any.

13.   TRAINING, DRILLS AND EXERCISES ON SHIP SECURITY

13.1.   The company security officer and appropriate shore-based personnel shall have knowledge and have received training, taking into account the guidance given in part B of this Code.

13.2.   The ship security officer shall have knowledge and have received training, taking into account the guidance given in part B of this Code.

13.3.   Shipboard personnel having specific security duties and responsibilities shall understand their responsibilities for ship security as described in the ship security plan and shall have sufficient knowledge and ability to perform their assigned duties, taking into account the guidance given in part B of this Code.

13.4.   To ensure the effective implementation of the ship security plan, drills shall be carried out at appropriate intervals taking into account the ship type, ship personnel changes, port facilities to be visited and other relevant circumstances, taking into account the guidance given in part B of this Code.

13.5.   The company security officer shall ensure the effective coordination and implementation of ship security plans by participating in exercises at appropriate intervals, taking into account the guidance given in part B of this Code.

14.   PORT FACILITY SECURITY

14.1.   A port facility is required to act upon the security levels set by the Contracting Government within whose territory it is located. Security measures and procedures shall be applied at the port facility in such a manner as to cause a minimum of interference with, or delay to, passengers, ship, ship's personnel and visitors, goods and services.

14.2.   At security level 1, the following activities shall be carried out through appropriate measures in all port facilities, taking into account the guidance given in part B of this Code, in order to identify and take preventive measures against security incidents:

| 1. | ensuring the performance of all port facility security duties; |
| --- | --- |

1.

ensuring the performance of all port facility security duties;

| 2. | controlling access to the port facility; |
| --- | --- |

2.

controlling access to the port facility;

| 3. | monitoring of the port facility, including anchoring and berthing area(s); |
| --- | --- |

3.

monitoring of the port facility, including anchoring and berthing area(s);

| 4. | monitoring restricted areas to ensure that only authorised persons have access; |
| --- | --- |

4.

monitoring restricted areas to ensure that only authorised persons have access;

| 5. | supervising the handling of cargo; |
| --- | --- |

5.

supervising the handling of cargo;

| 6. | supervising the handling of ship's stores; and |
| --- | --- |

6.

supervising the handling of ship's stores; and

| 7. | ensuring that security communication is readily available. |
| --- | --- |

7.

ensuring that security communication is readily available.

14.3.   At security level 2, additional protective measures, specified in the port facility security plan, shall be implemented for each activity detailed in section 14.2, taking into account the guidance given in part B of this Code.

14.4.   At security level 3, further specific protective measures, specified in the port facility security plan, shall be implemented for each activity detailed in section 14.2, taking into account the guidance given in part B of this Code.

14.4.1.   In addition, at security level 3, port facilities are required to respond to and implement any security instructions given by the Contracting Government within whose territory the port facility is located.

14.5.   When a port facility security officer is advised that a ship encounters difficulties in complying with the requirements of chapter XI-2 or this part or in implementing the appropriate measures and procedures as detailed in the ship security plan, and in the case of security level 3 following any security instructions given by the Contracting Government within whose territory the port facility is located, the port facility security officer and the ship security officer shall liaise and coordinate appropriate actions.

14.6.   When a port facility security officer is advised that a ship is at a security level which is higher than that of the port facility, the port facility security officer shall report the matter to the competent authority and shall liaise with the ship security officer and coordinate appropriate actions, if necessary.

15.   PORT FACILITY SECURITY ASSESSMENT

15.1.   The port facility security assessment is an essential and integral part of the process of developing and updating the port facility security plan.

15.2.   The port facility security assessment shall be carried out by the Contracting Government within whose territory the port facility is located. A Contracting Government may authorise a recognised security organisation to carry out the port facility security assessment of a specific port facility located within its territory.

15.2.1.   When the port facility security assessment has been carried out by a recognised security organisation, the security assessment shall be reviewed and approved for compliance with this section by the Contracting Government within whose territory the port facility is located.

15.3.   The persons carrying out the assessment shall have appropriate skills to evaluate the security of the port facility in accordance with this section, taking into account the guidance given in part B of this Code.

15.4.   The port facility security assessments shall periodically be reviewed and updated, taking account of changing threats and/or minor changes in the port facility, and shall always be reviewed and updated when major changes to the port facility take place.

15.5.   The port facility security assessment shall include, at least, the following elements:

| 1. | identification and evaluation of important assets and infrastructure it is important to protect; |
| --- | --- |

1.

identification and evaluation of important assets and infrastructure it is important to protect;

| 2. | identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritise security measures; |
| --- | --- |

2.

identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritise security measures;

| 3. | identification, selection and prioritisation of countermeasures and procedural changes and their level of effectiveness in reducing vulnerability; and |
| --- | --- |

3.

identification, selection and prioritisation of countermeasures and procedural changes and their level of effectiveness in reducing vulnerability; and

| 4. | identification of weaknesses, including human factors, in the infrastructure, policies and procedures. |
| --- | --- |

4.

identification of weaknesses, including human factors, in the infrastructure, policies and procedures.

15.6.   The Contracting Government may allow a port facility security assessment to cover more than one port facility if the operator, location, operation, equipment, and design of these port facilities are similar. Any Contracting Government which allows such an arrangement shall communicate to the Organisation particulars thereof.

15.7.   Upon completion of the port facility security assessment, a report shall be prepared, consisting of a summary of how the assessment was conducted, a description of each vulnerability found during the assessment and a description of countermeasures that could be used to address each vulnerability. The report shall be protected from unauthorised access or disclosure.

16.   PORT FACILITY SECURITY PLAN

16.1.   A port facility security plan shall be developed and maintained, on the basis of a port facility security assessment for each port facility, adequate for the ship/port interface. The plan shall make provisions for the three security levels, as defined in this Part of the Code.

16.1.1.   Subject to the provisions of section 16.2, a recognised security organisation may prepare the port facility security plan of a specific port facility.

16.2.   The port facility security plan shall be approved by the Contracting Government in whose territory the port facility is located.

16.3.   Such a plan shall be developed taking into account the guidance given in part B of this Code and shall be in the working language of the port facility. The plan shall address, at least, the following:

| 1. | measures designed to prevent weapons or any other dangerous substances and devices intended for use against persons, ships or ports, and the carriage of which is not authorised, from being introduced into the port facility or on board a ship; |
| --- | --- |

1.

measures designed to prevent weapons or any other dangerous substances and devices intended for use against persons, ships or ports, and the carriage of which is not authorised, from being introduced into the port facility or on board a ship;

| 2. | measures designed to prevent unauthorised access to the port facility, to ships moored at the facility, and to restricted areas of the facility; |
| --- | --- |

2.

measures designed to prevent unauthorised access to the port facility, to ships moored at the facility, and to restricted areas of the facility;

| 3. | procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the port facility or ship/port interface; |
| --- | --- |

3.

procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the port facility or ship/port interface;

| 4. | procedures for responding to any security instructions the Contracting Government in whose territory the port facility is located may give at security level 3; |
| --- | --- |

4.

procedures for responding to any security instructions the Contracting Government in whose territory the port facility is located may give at security level 3;

| 5. | procedures for evacuation in case of security threats or breaches of security; |
| --- | --- |

5.

procedures for evacuation in case of security threats or breaches of security;

| 6. | duties of port facility personnel assigned security responsibilities and of other facility personnel on security aspects; |
| --- | --- |

6.

duties of port facility personnel assigned security responsibilities and of other facility personnel on security aspects;

| 7. | procedures for interfacing with ship security activities; |
| --- | --- |

7.

procedures for interfacing with ship security activities;

| 8. | procedures for the periodic review of the plan and updating; |
| --- | --- |

8.

procedures for the periodic review of the plan and updating;

| 9. | procedures for reporting security incidents; |
| --- | --- |

9.

procedures for reporting security incidents;

| 10. | identification of the port facility security officer, including 24-hour contact details; |
| --- | --- |

10.

identification of the port facility security officer, including 24-hour contact details;

| 11. | measures to ensure the security of the information contained in the plan; |
| --- | --- |

11.

measures to ensure the security of the information contained in the plan;

| 12. | measures designed to ensure effective security of cargo and the cargo handling equipment at the port facility; |
| --- | --- |

12.

measures designed to ensure effective security of cargo and the cargo handling equipment at the port facility;

| 13. | procedures for auditing the port facility security plan; |
| --- | --- |

13.

procedures for auditing the port facility security plan;

| 14. | procedures for responding in case the ship security alert system of a ship at the port facility has been activated; and |
| --- | --- |

14.

procedures for responding in case the ship security alert system of a ship at the port facility has been activated; and

| 15. | procedures for facilitating shore leave for ship's personnel or personnel changes, as well as access of visitors to the ship, including representatives of seafarers' welfare and labour organisations. |
| --- | --- |

15.

procedures for facilitating shore leave for ship's personnel or personnel changes, as well as access of visitors to the ship, including representatives of seafarers' welfare and labour organisations.

16.4.   Personnel conducting internal audits of the security activities specified in the plan or evaluating its implementation shall be independent of the activities being audited unless this is impracticable due to the size and the nature of the port facility.

16.5.   The port facility security plan may be combined with, or be part of, the port security plan or any other port emergency plan or plans.

16.6.   The Contracting Government in whose territory the port facility is located shall determine which changes to the port facility security plan shall not be implemented unless the relevant amendments to the plan are approved by them.

16.7.   The plan may be kept in an electronic format. In such a case, it shall be protected by procedures aimed at preventing its unauthorised deletion, destruction or amendment.

16.8.   The plan shall be protected from unauthorised access or disclosure.

16.9.   Contracting Governments may allow a port facility security plan to cover more than one port facility if the operator, location, operation, equipment, and design of these port facilities are similar. Any Contracting Government which allows such an alternative arrangement shall communicate to the Organisation particulars thereof.

17.   PORT FACILITY SECURITY OFFICER

17.1.   A port facility security officer shall be designated for each port facility. A person may be designated as the port facility security officer for one or more port facilities.

17.2.   In addition to those specified elsewhere in this Part of the Code, the duties and responsibilities of the port facility security officer shall include, but are not limited to:

| 1. | conducting an initial comprehensive security survey of the port facility, taking into account the relevant port facility security assessment; |
| --- | --- |

1.

conducting an initial comprehensive security survey of the port facility, taking into account the relevant port facility security assessment;

| 2. | ensuring the development and maintenance of the port facility security plan; |
| --- | --- |

2.

ensuring the development and maintenance of the port facility security plan;

| 3. | implementing and exercising the port facility security plan; |
| --- | --- |

3.

implementing and exercising the port facility security plan;

| 4. | undertaking regular security inspections of the port facility to ensure the continuation of appropriate security measures; |
| --- | --- |

4.

undertaking regular security inspections of the port facility to ensure the continuation of appropriate security measures;

| 5. | recommending and incorporating, as appropriate, modifications to the port facility security plan in order to correct deficiencies and to update the plan to take into account relevant changes to the port facility; |
| --- | --- |

5.

recommending and incorporating, as appropriate, modifications to the port facility security plan in order to correct deficiencies and to update the plan to take into account relevant changes to the port facility;

| 6. | enhancing security awareness and vigilance of the port facility personnel; |
| --- | --- |

6.

enhancing security awareness and vigilance of the port facility personnel;

| 7. | ensuring adequate training has been provided to personnel responsible for the security of the port facility; |
| --- | --- |

7.

ensuring adequate training has been provided to personnel responsible for the security of the port facility;

| 8. | reporting to the relevant authorities and maintaining records of occurrences which threaten the security of the port facility; |
| --- | --- |

8.

reporting to the relevant authorities and maintaining records of occurrences which threaten the security of the port facility;

| 9. | coordinating implementation of the port facility security plan with the appropriate Company and ship security officer(s); |
| --- | --- |

9.

coordinating implementation of the port facility security plan with the appropriate Company and ship security officer(s);

| 10. | coordinating with security services, as appropriate; |
| --- | --- |

10.

coordinating with security services, as appropriate;

| 11. | ensuring that standards for personnel responsible for security of the port facility are met; |
| --- | --- |

11.

ensuring that standards for personnel responsible for security of the port facility are met;

| 12. | ensuring that security equipment is properly operated, tested, calibrated and maintained, if any; and |
| --- | --- |

12.

ensuring that security equipment is properly operated, tested, calibrated and maintained, if any; and

| 13. | assisting ship security officers in confirming the identity of those seeking to board the ship when requested. |
| --- | --- |

13.

assisting ship security officers in confirming the identity of those seeking to board the ship when requested.

17.3.   The port facility security officer shall be given the necessary support to fulfil the duties and responsibilities imposed by chapter XI-2 and this Part of the Code.

18.   TRAINING, DRILLS AND EXERCISES ON PORT FACILITY SECURITY

18.1.   The port facility security officer and appropriate port facility security personnel shall have knowledge and have received training, taking into account the guidance given in part B of this Code.

18.2.   Port facility personnel having specific security duties shall understand their duties and responsibilities for port facility security, as described in the port facility security plan, and shall have sufficient knowledge and ability to perform their assigned duties, taking into account the guidance given in part B of this Code.

18.3.   To ensure the effective implementation of the port facility security plan, drills shall be carried out at appropriate intervals, taking into account the types of operation of the port facility, port facility personnel changes, the type of ship the port facility is serving and other relevant circumstances, taking into account guidance given in part B of this Code.

18.4.   The port facility security officer shall ensure the effective coordination and implementation of the port facility security plan by participating in exercises at appropriate intervals, taking into account the guidance given in part B of this Code.

19.   VERIFICATION AND CERTIFICATION FOR SHIPS

19.1.   Verifications

19.1.1.   Each ship to which this Part of the Code applies shall be subject to the verifications specified below:

| 1. | an initial verification before the ship is put in service or before the certificate required under section 19.2 is issued for the first time, which shall include a complete verification of its security system and any associated security equipment covered by the relevant provisions of chapter XI-2, of this Part of the Code and of the approved ship security plan. This verification shall ensure that the security system and any associated security equipment of the ship fully complies with the applicable requirements of chapter XI-2 and this Part of the Code, is in satisfactory condition and fit for the service for which the ship is intended; |
| --- | --- |

1.

an initial verification before the ship is put in service or before the certificate required under section 19.2 is issued for the first time, which shall include a complete verification of its security system and any associated security equipment covered by the relevant provisions of chapter XI-2, of this Part of the Code and of the approved ship security plan. This verification shall ensure that the security system and any associated security equipment of the ship fully complies with the applicable requirements of chapter XI-2 and this Part of the Code, is in satisfactory condition and fit for the service for which the ship is intended;

| 2. | a renewal verification at intervals specified by the Administration, but not exceeding five years, except where section 19.3 is applicable. This verification shall ensure that the security system and any associated security equipment of the ship fully complies with the applicable requirements of chapter XI-2, this Part of the Code and the approved ship security plan, is in satisfactory condition and fit for the service for which the ship is intended; |
| --- | --- |

2.

a renewal verification at intervals specified by the Administration, but not exceeding five years, except where section 19.3 is applicable. This verification shall ensure that the security system and any associated security equipment of the ship fully complies with the applicable requirements of chapter XI-2, this Part of the Code and the approved ship security plan, is in satisfactory condition and fit for the service for which the ship is intended;

| 3. | at least one intermediate verification. If only one intermediate verification is carried out it shall take place between the second and third anniversary date of the certificate as defined in regulation I/2(n). The intermediate verification shall include inspection of the security system and any associated security equipment of the ship to ensure that it remains satisfactory for the service for which the ship is intended. Such intermediate verification shall be endorsed on the certificate; |
| --- | --- |

3.

at least one intermediate verification. If only one intermediate verification is carried out it shall take place between the second and third anniversary date of the certificate as defined in regulation I/2(n). The intermediate verification shall include inspection of the security system and any associated security equipment of the ship to ensure that it remains satisfactory for the service for which the ship is intended. Such intermediate verification shall be endorsed on the certificate;

| 4. | any additional verifications as determined by the Administration. |
| --- | --- |

4.

any additional verifications as determined by the Administration.

19.1.2.   The verifications of ships shall be carried out by officers of the Administration. The Administration may, however, entrust the verifications to a recognised security organisation referred to in regulation XI-2/1.

19.1.3.   In every case, the Administration concerned shall fully guarantee the completeness and efficiency of the verification and shall undertake to ensure the necessary arrangements to satisfy this obligation.

19.1.4.   The security system and any associated security equipment of the ship after verification shall be maintained to conform with the provisions of regulations XI-2/4.2 and XI-2/6, of this Part of the Code and of the approved ship security plan. After any verification under section 19.1.1 has been completed, no changes shall be made in the security system and in any associated security equipment or the approved ship security plan without the sanction of the Administration.

19.2.   Issue or endorsement of Certificate

19.2.1   An International Ship Security Certificate shall be issued after the initial or renewal verification in accordance with the provisions of section 19.1.

19.2.2.   Such Certificate shall be issued or endorsed either by the Administration or by a recognised security organisation acting on behalf of the Administration.

19.2.3.   Another Contracting Government may, at the request of the Administration, cause the ship to be verified and, if satisfied that the provisions of section 19.1.1. are complied with, shall issue or authorise the issue of an International Ship Security Certificate to the ship and, where appropriate, endorse or authorise the endorsement of that Certificate on the ship, in accordance with this Code.

19.2.3.1.   A copy of the Certificate and a copy of the verification report shall be transmitted as soon as possible to the requesting Administration.

19.2.3.2.   A Certificate so issued shall contain a statement to the effect that it has been issued at the request of the Administration and it shall have the same force and receive the same recognition as the Certificate issued under section 19.2.2.

19.2.4.   The International Ship Security Certificate shall be drawn up in a form corresponding to the model given in the appendix to this Code. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages.

19.3.   Duration and validity of Certificate

19.3.1.   An International Ship Security Certificate shall be issued for a period specified by the Administration, which shall not exceed five years.

19.3.2.   When the renewal verification is completed within three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of expiry of the existing Certificate.

19.3.2.1.   When the renewal verification is completed after the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of expiry of the existing Certificate.

19.3.2.2.   When the renewal verification is completed more than three months before the expiry date of the existing Certificate, the new Certificate shall be valid from the date of completion of the renewal verification to a date not exceeding five years from the date of completion of the renewal verification.

19.3.3.   If a Certificate is issued for a period of less than five years, the Administration may extend the validity of the Certificate beyond the expiry date to the maximum period specified in section 19.3.1, provided that the verifications referred to in section 19.1.1. applicable when a Certificate is issued for a period of five years are carried out as appropriate.

19.3.4.   If a renewal verification has been completed and a new Certificate cannot be issued or placed on board the ship before the expiry date of the existing Certificate, the Administration or recognised security organisation acting on behalf of the Administration may endorse the existing Certificate and such a Certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date.

19.3.5.   If a ship, at the time when a Certificate expires, is not in a port in which it is to be verified, the Administration may extend the period of validity of the Certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be verified, and then only in cases where it appears proper and reasonable to do so. No Certificate shall be extended for a period longer than three months, and the ship to which an extension is granted shall not, on its arrival in the port in which it is to be verified, be entitled by virtue of such extension to leave that port without having a new Certificate. When the renewal verification is completed, the new Certificate shall be valid to a date not exceeding five years from the expiry date of the existing Certificate before the extension was granted.

19.3.6.   A Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this section may be extended by the Administration for a period of grace of up to one month from the date of expiry stated on it. When the renewal verification is completed, the new Certificate shall be valid to a date not exceeding five years from the date of expiry of the existing Certificate before the extension was granted.

19.3.7.   If an intermediate verification is completed before the period specified in section 19.1.1, then:

| 1. | the expiry date shown on the Certificate shall be amended by endorsement to a date which shall not be more than three years later than the date on which the intermediate verification was completed; |
| --- | --- |

1.

the expiry date shown on the Certificate shall be amended by endorsement to a date which shall not be more than three years later than the date on which the intermediate verification was completed;

| 2. | the expiry date may remain unchanged provided one or more additional verifications are carried out so that the maximum intervals between the verifications prescribed by section 19.1.1. are not exceeded. |
| --- | --- |

2.

the expiry date may remain unchanged provided one or more additional verifications are carried out so that the maximum intervals between the verifications prescribed by section 19.1.1. are not exceeded.

19.3.8.   A Certificate issued under section 19.2 shall cease to be valid in any of the following cases:

| 1. | if the relevant verifications are not completed within the periods specified under section 19.1.1; |
| --- | --- |

1.

if the relevant verifications are not completed within the periods specified under section 19.1.1;

| 2. | if the Certificate is not endorsed in accordance with section 19.1.1.3 and 19.3.7.1, if applicable; |
| --- | --- |

2.

if the Certificate is not endorsed in accordance with section 19.1.1.3 and 19.3.7.1, if applicable;

| 3. | when a Company assumes the responsibility for the operation of a ship not previously operated by that Company; and |
| --- | --- |

3.

when a Company assumes the responsibility for the operation of a ship not previously operated by that Company; and

| 4. | upon transfer of the ship to the flag of another State. |
| --- | --- |

4.

upon transfer of the ship to the flag of another State.

19.3.9.   In the case of:

| 1. | a transfer of a ship to the flag of another Contracting Government, the Contracting Government whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the receiving Administration copies of, or all information relating to, the International Ship Security Certificate carried by the ship before the transfer and copies of available verification reports, or |
| --- | --- |

1.

a transfer of a ship to the flag of another Contracting Government, the Contracting Government whose flag the ship was formerly entitled to fly shall, as soon as possible, transmit to the receiving Administration copies of, or all information relating to, the International Ship Security Certificate carried by the ship before the transfer and copies of available verification reports, or

| 2. | a Company that assumes responsibility for the operation of a ship not previously operated by that Company, the previous Company shall, as soon as possible, transmit to the receiving Company copies of any information related to the International Ship Security Certificate or to facilitate the verifications described in section 19.4.2. |
| --- | --- |

2.

a Company that assumes responsibility for the operation of a ship not previously operated by that Company, the previous Company shall, as soon as possible, transmit to the receiving Company copies of any information related to the International Ship Security Certificate or to facilitate the verifications described in section 19.4.2.

19.4.   Interim certification

19.4.1.   The Certificates specified in section 19.2 shall be issued only when the Administration issuing the Certificate is fully satisfied that the ship complies with the requirements of section 19.1. However, after 1 July 2004, for the purposes of:

| 1. | a ship without a Certificate, on delivery or prior to its entry or re-entry into service; |
| --- | --- |

1.

a ship without a Certificate, on delivery or prior to its entry or re-entry into service;

| 2. | transfer of a ship from the flag of a Contracting Government to the flag of another Contracting Government; |
| --- | --- |

2.

transfer of a ship from the flag of a Contracting Government to the flag of another Contracting Government;

| 3. | transfer of a ship to the flag of a Contracting Government from a State which is not a Contracting Government; or |
| --- | --- |

3.

transfer of a ship to the flag of a Contracting Government from a State which is not a Contracting Government; or

| 4. | a Company assuming the responsibility for the operation of a ship not previously operated by that Company |
| --- | --- |

4.

a Company assuming the responsibility for the operation of a ship not previously operated by that Company

until the Certificate referred to in section 19.2 is issued, the Administration may cause an Interim International Ship Security Certificate to be issued, in a form corresponding to the model given in the appendix to this Part of the Code.

19.4.2.   An Interim International Ship Security Certificate shall only be issued when the Administration or recognised security organisation, on behalf of the Administration, has verified that:

| 1. | the ship security assessment required by this Part of the Code has been completed; |
| --- | --- |

1.

the ship security assessment required by this Part of the Code has been completed;

| 2. | a copy of the ship security plan meeting the requirements of chapter XI-2 and part A of this Code is provided on board, has been submitted for review and approval, and is being implemented on the ship; |
| --- | --- |

2.

a copy of the ship security plan meeting the requirements of chapter XI-2 and part A of this Code is provided on board, has been submitted for review and approval, and is being implemented on the ship;

| 3. | the ship is provided with a ship security alert system meeting the requirements of regulation XI-2/6, if required; |
| --- | --- |

3.

the ship is provided with a ship security alert system meeting the requirements of regulation XI-2/6, if required;

| 4. | the company security officer:






  1. | has ensured:






  — | the review of the ship security plan for compliance with this Part of the Code; |
| --- | --- | --- | --- |

4.

the company security officer:

1.

has ensured:

—

the review of the ship security plan for compliance with this Part of the Code;

| — | that the plan has been submitted for approval; and |
| --- | --- |

—

that the plan has been submitted for approval; and

| — | that the plan is being implemented on the ship; and |
| --- | --- |

—

that the plan is being implemented on the ship; and

| 2. | has established the necessary arrangements, including arrangements for drills, exercises and internal audits, through which the company security officer is satisfied that the ship will successfully complete the required verification in accordance with section 19.1.1.1, within six months; |
| --- | --- |

2.

has established the necessary arrangements, including arrangements for drills, exercises and internal audits, through which the company security officer is satisfied that the ship will successfully complete the required verification in accordance with section 19.1.1.1, within six months;

| 5. | arrangements have been made for carrying out the required verifications under section 19.1.1.1; |
| --- | --- |

5.

arrangements have been made for carrying out the required verifications under section 19.1.1.1;

| 6. | the master, the ship security officer and other ship's personnel with specific security duties are familiar with their duties and responsibilities as specified in this Part of the Code; and with the relevant provisions of the ship security plan placed on board; and have been provided such information in the working language of the ship's personnel or languages understood by them; and |
| --- | --- |

6.

the master, the ship security officer and other ship's personnel with specific security duties are familiar with their duties and responsibilities as specified in this Part of the Code; and with the relevant provisions of the ship security plan placed on board; and have been provided such information in the working language of the ship's personnel or languages understood by them; and

| 7. | the ship security officer meets the requirements of this Part of the Code. |
| --- | --- |

7.

the ship security officer meets the requirements of this Part of the Code.

19.4.3.   An Interim International Ship Security Certificate may be issued by the Administration or by a recognised security organisation authorised to act on its behalf.

19.4.4.   An Interim International Ship Security Certificate shall be valid for six months, or until the Certificate required by section 19.2 is issued, whichever comes first, and may not be extended.

19.4.5.   No Contracting Government shall cause a subsequent, consecutive Interim International Ship Security Certificate to be issued to a ship if, in the judgement of the Administration or the recognised security organisation, one of the purposes of the ship or a Company in requesting such certificate is to avoid full compliance with chapter XI-2 and this Part of the Code beyond the period of the initial Interim Certificate as specified in section 19.4.4.

19.4.6.   For the purposes of regulation XI-2/9, Contracting Governments may, prior to accepting an Interim International Ship Security Certificate as a valid Certificate, ensure that the requirements of sections 19.4.2.4 to 19.4.2.6 have been met.

Appendix to PART A

APPENDIX 1

Form of the International Ship Security Certificate

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APPENDIX 2

Form of the Interim International Ship Security Certificate

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ANNEX III

PART B

GUIDANCE REGARDING THE PROVISIONS OF CHAPTER XI-2 OF THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED AND PART A OF THIS CODE

1.   INTRODUCTION

General

1.1.   The preamble of this Code indicates that chapter XI-2 and part A of this Code establish the new international framework of measures to enhance maritime security and through which ships and port facilities can cooperate to detect and deter acts which threaten security in the maritime transport sector.

1.2.   This introduction outlines, in a concise manner, the processes envisaged in establishing and implementing the measures and arrangements needed to achieve and maintain compliance with the provisions of chapter XI-2 and of part A of this Code and identifies the main elements on which guidance is offered. The guidance is provided in paragraphs 2 through to 19. It also sets down essential considerations which should be taken into account when considering the application of the guidance relating to ships and port facilities.

1.3.   If the reader's interest relates to ships alone, it is strongly recommended that this Part of the Code is still read as a whole, particularly the paragraphs relating to port facilities. The same applies to those whose primary interest is port facilities; they should also read the paragraphs relating to ships.

1.4.   The guidance provided in the following paragraphs relates primarily to protection of the ship when it is at a port facility. There could, however, be situations when a ship may pose a threat to the port facility, e.g. because, once within the port facility, it could be used as a base from which to launch an attack. When considering the appropriate security measures to respond to ship-based security threats, those completing the port facility security assessment or preparing the port facility security plan should consider making appropriate adaptations to the guidance offered in the following paragraphs.

1.5.   The reader is advised that nothing in this Part of the Code should be read or interpreted in conflict with any of the provisions of either chapter XI-2 or part A of this Code and that the aforesaid provisions always prevail and override any unintended inconsistency which may have been inadvertently expressed in this Part of the Code. The guidance provided in this Part of the Code should always be read, interpreted and applied in a manner which is consistent with the aims, objectives and principles established in chapter XI-2 and part A of this Code.

Responsibilities of Contracting Governments

1.6.   Contracting Governments have, under the provisions of chapter XI-2 and part A of this Code, various responsibilities, which, amongst others, include:

| — | setting the applicable security level; |
| --- | --- |

—

setting the applicable security level;

| — | approving the ship security plan (SSP) and relevant amendments to a previously approved plan; |
| --- | --- |

—

approving the ship security plan (SSP) and relevant amendments to a previously approved plan;

| — | verifying the compliance of ships with the provisions of chapter XI-2 and part A of this Code and issuing to ships the International Ship Security Certificate; |
| --- | --- |

—

verifying the compliance of ships with the provisions of chapter XI-2 and part A of this Code and issuing to ships the International Ship Security Certificate;

| — | determining which of the port facilities located within their territory are required to designate a port facility security officer (PFSO) who will be responsible for the preparation of the port facility security plan; |
| --- | --- |

—

determining which of the port facilities located within their territory are required to designate a port facility security officer (PFSO) who will be responsible for the preparation of the port facility security plan;

| — | ensuring completion and approval of the port facility security assessment (PFSA) and of any subsequent amendments to a previously approved assessment; |
| --- | --- |

—

ensuring completion and approval of the port facility security assessment (PFSA) and of any subsequent amendments to a previously approved assessment;

| — | approving the port facility security plan (PFSP) and any subsequent amendments to a previously approved plan; |
| --- | --- |

—

approving the port facility security plan (PFSP) and any subsequent amendments to a previously approved plan;

| — | exercising control and compliance measures; |
| --- | --- |

—

exercising control and compliance measures;

| — | testing approved plans; and |
| --- | --- |

—

testing approved plans; and

| — | communicating information to the International Maritime Organisation and to the shipping and port industries. |
| --- | --- |

—

communicating information to the International Maritime Organisation and to the shipping and port industries.

1.7.   Contracting Governments can designate, or establish, Designated Authorities within Government to undertake, with respect to port facilities, their security duties under chapter XI-2 and part A of this Code and allow recognised security organisations to carry out certain work with respect to port facilities, but the final decision on the acceptance and approval of this work should be given by the Contracting Government or the Designated Authority. Administrations may also delegate the undertaking of certain security duties, relating to ships, to recognised security organisations. The following duties or activities cannot be delegated to a recognised security organisation:

| — | setting of the applicable security level; |
| --- | --- |

—

setting of the applicable security level;

| — | determining which of the port facilities located within the territory of a Contracting Government are required to designate a PFSO and to prepare a PFSP; |
| --- | --- |

—

determining which of the port facilities located within the territory of a Contracting Government are required to designate a PFSO and to prepare a PFSP;

| — | approving a PFSA or any subsequent amendments to a previously approved assessment; |
| --- | --- |

—

approving a PFSA or any subsequent amendments to a previously approved assessment;

| — | approving a PFSP or any subsequent amendments to a previously approved plan; |
| --- | --- |

—

approving a PFSP or any subsequent amendments to a previously approved plan;

| — | exercising control and compliance measures; and |
| --- | --- |

—

exercising control and compliance measures; and

| — | establishing the requirements for a Declaration of Security. |
| --- | --- |

—

establishing the requirements for a Declaration of Security.

Setting the security level

1.8.   The setting of the security level applying at any particular time is the responsibility of Contracting Governments and can apply to ships and port facilities. Part A of this Code defines three security levels for international use. These are:

| — | Security level 1, normal; the level at which ships and port facilities normally operate; |
| --- | --- |

—

Security level 1, normal; the level at which ships and port facilities normally operate;

| — | Security level 2, heightened; the level applying for as long as there is a heightened risk of a security incident; and |
| --- | --- |

—

Security level 2, heightened; the level applying for as long as there is a heightened risk of a security incident; and

| — | Security level 3, exceptional; the level applying for the period of time when there is the probable or imminent risk of a security incident. |
| --- | --- |

—

Security level 3, exceptional; the level applying for the period of time when there is the probable or imminent risk of a security incident.

The Company and the ship

1.9.   Any Company operating ships to which chapter XI-2 and part A of this Code apply has to designate a CSO for the Company and a SSO for each of its ships. The duties, responsibilities and training requirements of these officers and requirements for drills and exercises are defined in part A of this Code.

1.10.   The company security officer's responsibilities include, in brief amongst others, ensuring that a ship security assessment (SSA) is properly carried out, that a SSP is prepared and submitted for approval by, or on behalf of, the Administration and thereafter is placed on board each ship to which part A of this Code applies and in respect of which that person has been appointed as the CSO.

1.11.   The SSP should indicate the operational and physical security measures the ship itself should take to ensure it always operates at security level 1. The plan should also indicate the additional, or intensified, security measures the ship itself can take to move to and operate at security level 2 when instructed to do so. Furthermore, the plan should indicate the possible preparatory actions the ship could take to allow prompt response to the instructions that may be issued to the ship by those responding at security level 3 to a security incident or threat thereof.

1.12.   The ships to which the requirements of chapter XI-2 and part A of this Code apply are required to have, and operated in accordance with, a SSP approved by, or on behalf of, the Administration. The CSO and the SSO should monitor the continuing relevance and effectiveness of the plan, including the undertaking of internal audits. Amendments to any of the elements of an approved plan, for which the Administration has determined that approval is required, have to be submitted for review and approval before their incorporation into the approved plan and their implementation by the ship.

1.13.   The ship has to carry an International Ship Security Certificate indicating that it complies with the requirements of chapter XI-2 and part A of this Code. Part A of this Code includes provisions relating to the verification and certification of the ship's compliance with the requirements on an initial, renewal and intermediate verification basis.

1.14.   When a ship is at a port or is proceeding to a port of a Contracting Government, the Contracting Government has the right, under the provisions of regulation XI-2/9, to exercise various control and compliance measures with respect to that ship. The ship is subject to port State control inspections but such inspections will not normally extend to examination of the SSP itself except in specific circumstances. The ship may also be subject to additional control measures if the Contracting Government exercising the control and compliance measures has reason to believe that the security of the ship has, or the port facilities it has served have, been compromised.

1.15.   The ship is also required to have on board information, to be made available to Contracting Governments upon request, indicating who is responsible for deciding the employment of the ship's personnel and for deciding various aspects relating to the employment of the ship.

The port facility

1.16.   Each Contracting Government has to ensure completion of a PFSA for each of the port facilities, located within its territory, serving ships engaged on international voyages. The Contracting Government, a Designated Authority or a recognised security organisation may carry out this assessment. The completed PFSA has to be approved by the Contracting Government or the Designated Authority concerned. This approval cannot be delegated. Port facility security assessments should be periodically reviewed.

1.17.   The PFSA is fundamentally a risk analysis of all aspects of a port facility's operation in order to determine which part(s) of it are more susceptible, and/or more likely, to be the subject of attack. Security risk is a function of the threat of an attack coupled with the vulnerability of the target and the consequences of an attack.

The assessment must include the following components:

| — | determination of the perceived threat to port installations and infrastructure; |
| --- | --- |

—

determination of the perceived threat to port installations and infrastructure;

| — | identification of the potential vulnerabilities; and |
| --- | --- |

—

identification of the potential vulnerabilities; and

| — | calculation of the consequences of incidents. |
| --- | --- |

—

calculation of the consequences of incidents.

On completion of the analysis, it will be possible to produce an overall assessment of the level of risk. The PFSA will help determine which port facilities are required to appoint a PFSO and prepare a PFSP.

1.18.   The port facilities which have to comply with the requirements of chapter XI-2 and part A of this Code are required to designate a PFSO. The duties, responsibilities and training requirements of these officers and requirements for drills and exercises are defined in part A of this Code.

1.19.   The PFSP should indicate the operational and physical security measures the port facility should take to ensure that it always operates at security level 1. The plan should also indicate the additional, or intensified, security measures the port facility can take to move to and operate at security level 2 when instructed to do so. Furthermore, the plan should indicate the possible preparatory actions the port facility could take to allow prompt response to the instructions that may be issued by those responding at security level 3 to a security incident or threat thereof.

1.20.   The port facilities which have to comply with the requirements of chapter XI-2 and part A of this Code are required to have, and operate in accordance with, a PFSP approved by the Contracting Government or by the Designated Authority concerned. The PFSO should implement its provisions and monitor the continuing effectiveness and relevance of the plan, including commissioning internal audits of the application of the plan. Amendments to any of the elements of an approved plan, for which the Contracting Government or the Designated Authority concerned has determined that approval is required, have to be submitted for review and approval before their incorporation into the approved plan and their implementation at the port facility. The Contracting Government or the Designated Authority concerned may test the effectiveness of the plan. The PFSA covering the port facility or on which the development of the plan has been based should be regularly reviewed. All these activities may lead to amendment of the approved plan. Any amendments to specified elements of an approved plan will have to be submitted for approval by the Contracting Government or by the Designated Authority concerned.

1.21.   Ships using port facilities may be subject to the port State control inspections and additional control measures outlined in regulation XI-2/9. The relevant authorities may request the provision of information regarding the ship, its cargo, passengers and ship's personnel prior to the ship's entry into port. There may be circumstances in which entry into port could be denied.

Information and communication

1.22.   Chapter XI-2 and part A of this Code require Contracting Governments to provide certain information to the International Maritime Organisation and for information to be made available to allow effective communication between Contracting Governments and between company security officers/ship security officers and the port facility security officers.

2.   DEFINITIONS

2.1.   No guidance is provided with respect to the definitions set out in chapter XI-2 or part A of this Code.

2.2.   For the purpose of this Part of the Code:

| 1. | ‘section’ means a section of part A of the Code and is indicated as ‘section A/<followed by the number of the section>’; |
| --- | --- |

1.

‘section’ means a section of part A of the Code and is indicated as ‘section A/<followed by the number of the section>’;

| 2. | ‘paragraph’ means a paragraph of this Part of the Code and is indicated as ‘paragraph <followed by the number of the paragraph>’; and |
| --- | --- |

2.

‘paragraph’ means a paragraph of this Part of the Code and is indicated as ‘paragraph <followed by the number of the paragraph>’; and

| 3. | ‘Contracting Government’, when used in paragraphs 14 to 18, means the ‘Contracting Government within whose territory the port facility is located’ and includes a reference to the Designated Authority. |
| --- | --- |

3.

‘Contracting Government’, when used in paragraphs 14 to 18, means the ‘Contracting Government within whose territory the port facility is located’ and includes a reference to the Designated Authority.

3.   APPLICATION

General

3.1.   The guidance given in this Part of the Code should be taken into account when implementing the requirements of chapter XI-2 and part A of this Code.

3.2.   However, it should be recognised that the extent to which the guidance on ships applies will depend on the type of ship, its cargoes and/or passengers, its trading pattern and the characteristics of the port facilities visited by the ship.

3.3.   Similarly, in relation to the guidance on port facilities, the extent to which this guidance applies will depend on the port facilities, the types of ships using the port facility, the types of cargo and/or passengers and the trading patterns of visiting ships.

3.4.   The provisions of chapter XI-2 and part A of this Code are not intended to apply to port facilities designed and used primarily for military purposes.

4.   RESPONSIBILITIES OF CONTRACTING GOVERNMENTS

Security of assessments and plans

4.1.   Contracting Governments should ensure that appropriate measures are in place to avoid unauthorised disclosure of, or access to, security-sensitive material relating to ship security assessments (SSAs), ship security plans (SSPs), port facility security assessments (PFSAs) and port facility security plans (PFSPs), and to individual assessments or plans.

Designated Authorities

4.2   Contracting Governments may identify a Designated Authority within Government to undertake their security duties relating to port facilities as set out in chapter XI-2 or part A of this Code.

Recognised security organisations

4.3.   Contracting Governments may authorise a recognised security organisation (RSO) to undertake certain security-related activities, including:

| 1. | approval of ship security plans, or amendments thereto, on behalf of the Administration; |
| --- | --- |

1.

approval of ship security plans, or amendments thereto, on behalf of the Administration;

| 2. | verification and certification of compliance of ships with the requirements of chapter XI-2 and part A of this Code on behalf of the Administration; and |
| --- | --- |

2.

verification and certification of compliance of ships with the requirements of chapter XI-2 and part A of this Code on behalf of the Administration; and

| 3. | conducting port facility security assessments required by the Contracting Government. |
| --- | --- |

3.

conducting port facility security assessments required by the Contracting Government.

4.4.   An RSO may also advise or provide assistance to Companies or port facilities on security matters, including ship security assessments, ship security plans, port facility security assessments and port facility security plans. This can include completion of a SSA or SSP or PFSA or PFSP. If an RSO has done so in respect of a SSA or SSP, that RSO should not be authorised to approve that SSP.

4.5.   When authorising an RSO, Contracting Governments should give consideration to the competency of such an organisation. An RSO should be able to demonstrate:

| 1. | expertise in relevant aspects of security; |
| --- | --- |

1.

expertise in relevant aspects of security;

| 2. | appropriate knowledge of ship and port operations, including knowledge of ship design and construction if providing services in respect of ships and of port design and construction if providing services in respect of port facilities; |
| --- | --- |

2.

appropriate knowledge of ship and port operations, including knowledge of ship design and construction if providing services in respect of ships and of port design and construction if providing services in respect of port facilities;

| 3. | their capability to assess the likely security risks that could occur during ship and port facility operations, including the ship/port interface, and how to minimise such risks; |
| --- | --- |

3.

their capability to assess the likely security risks that could occur during ship and port facility operations, including the ship/port interface, and how to minimise such risks;

| 4. | their ability to maintain and improve the expertise of their personnel; |
| --- | --- |

4.

their ability to maintain and improve the expertise of their personnel;

| 5. | their ability to monitor the continuing trustworthiness of their personnel; |
| --- | --- |

5.

their ability to monitor the continuing trustworthiness of their personnel;

| 6. | their ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to, security-sensitive material; |
| --- | --- |

6.

their ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to, security-sensitive material;

| 7. | their knowledge of the requirements of chapter XI-2 and part A of this Code and relevant national and international legislation and security requirements; |
| --- | --- |

7.

their knowledge of the requirements of chapter XI-2 and part A of this Code and relevant national and international legislation and security requirements;

| 8. | their knowledge of current security threats and patterns; |
| --- | --- |

8.

their knowledge of current security threats and patterns;

| 9. | their knowledge of recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

9.

their knowledge of recognition and detection of weapons, dangerous substances and devices;

| 10. | their knowledge of recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security; |
| --- | --- |

10.

their knowledge of recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security;

| 11. | their knowledge of techniques used to circumvent security measures; and |
| --- | --- |

11.

their knowledge of techniques used to circumvent security measures; and

| 12. | their knowledge of security and surveillance equipment and systems and their operational limitations. |
| --- | --- |

12.

their knowledge of security and surveillance equipment and systems and their operational limitations.

When delegating specific duties to a RSO, Contracting Governments, including Administrations, should ensure that the RSO has the competencies needed to undertake the task.

4.6.   A recognised organisation, as referred to in regulation I/6 and fulfilling the requirements of regulation XI-1/1, may be appointed as a RSO provided it has the appropriate security-related expertise listed in paragraph 4.5.

4.7.   A port or harbour Authority or port facility operator may be appointed as a RSO provided it has the appropriate security-related expertise listed in paragraph 4.5.

Setting the security level

4.8.   In setting the security level, Contracting Governments should take account of general and specific threat information. Contracting Governments should set the security level applying to ships or port facilities at one of three levels:

| — | Security level 1, normal; the level at which the ship or port facility normally operates; |
| --- | --- |

—

Security level 1, normal; the level at which the ship or port facility normally operates;

| — | Security level 2, heightened; the level applying for as long as there is a heightened risk of a security incident; and |
| --- | --- |

—

Security level 2, heightened; the level applying for as long as there is a heightened risk of a security incident; and

| — | Security level 3, exceptional; the level applying for the period of time when there is the probable or imminent risk of a security incident. |
| --- | --- |

—

Security level 3, exceptional; the level applying for the period of time when there is the probable or imminent risk of a security incident.

4.9.   Setting security level 3 should be an exceptional measure applying only when there is credible information that a security incident is probable or imminent. Security level 3 should only be set for the duration of the identified security threat or actual security incident. While the security levels may change from security level 1, through security level 2 to security level 3, it is also possible that the security levels will change directly from security level 1 to security level 3.

4.10.   At all times the master of a ship has the ultimate responsibility for the safety and security of the ship. Even at security level 3 a master may seek clarification or amendment of instructions issued by those responding to a security incident, or threat thereof, if there are reasons to believe that compliance with any instruction may imperil the safety of the ship.

4.11.   The CSO or the SSO should liaise at the earliest opportunity with the PFSO of the port facility the ship is intended to visit to establish the security level applying for that ship at the port facility. Having established contact with a ship, the PFSO should advise the ship of any subsequent change in the port facility's security level and should provide the ship with any relevant security information.

4.12.   While there may be circumstances when an individual ship may be operating at a higher security level than the port facility it is visiting, there will be no circumstances when a ship can have a lower security level than the port facility it is visiting. If a ship has a higher security level than the port facility it intends to use, the CSO or SSO should advise the PFSO without delay. The PFSO should undertake an assessment of the particular situation in consultation with the CSO or SSO and agree on appropriate security measures with the ship, which may include completion and signing of a Declaration of Security.

4.13.   Contracting Governments should consider how information on changes in security levels should be promulgated rapidly. Administrations may wish to use Navtex messages or Notices to Mariners as the method for notifying such changes in security levels to the ship and to CSO and SSO. Or, they may wish to consider other methods of communication that provide equivalent or better speed and coverage. Contracting Governments should establish means of notifying PFSOs of changes in security levels. Contracting Governments should compile and maintain the contact details for a list of those who need to be informed of changes in security levels. Whereas the security level need not be regarded as being particularly sensitive, the underlying threat information may be highly sensitive. Contracting Governments should give careful consideration to the type and detail of the information conveyed and the method by which it is conveyed to SSOs, CSOs and PFSOs.

Contact points and information on port facility security plans

4.14.   Where a port facility has a PFSP, that fact has to be communicated to the Organisation and that information must also be made available to CSOs and SSOs. No further details of the PFSP have to be published other than that it is in place. Contracting Governments should consider establishing either central or regional points of contact, or other means of providing up-to-date information on the locations where PFSPs are in place, together with contact details for the relevant PFSO. The existence of such contact points should be publicised. They could also provide information on the recognised security organisations appointed to act on behalf of the Contracting Government, together with details of the specific responsibility and conditions of authority delegated to such recognised security organisations.

4.15.   In the case of a port that does not have a PFSP (and therefore does not have a PFSO), the central or regional point of contact should be able to identify a suitably qualified person ashore who can arrange for appropriate security measures to be in place, if needed, for the duration of the ship's visit.

4.16.   Contracting Governments should also provide the contact details of Government officers to whom an SSO, a CSO and a PFSO can report security concerns. These Government officers should assess such reports before taking appropriate action. Such reported concerns may have a bearing on the security measures falling under the jurisdiction of another Contracting Government. In that case, the Contracting Governments should consider contacting their counterpart in the other Contracting Government to discuss whether remedial action is appropriate. For this purpose, the contact details of the Government officers should be communicated to the International Maritime Organisation.

4.17.   Contracting Governments should also make the information indicated in paragraphs 4.14 to 4.16 available to other Contracting Governments on request.

Identification documents

4.18.   Contracting Governments are encouraged to issue appropriate identification documents to Government officials entitled to board ships or enter port facilities when performing their official duties and to establish procedures whereby the authenticity of such documents might be verified.

Fixed and floating platforms and mobile offshore drilling units on location

4.19.   Contracting Governments should consider establishing appropriate security measures for fixed and floating platforms and mobile offshore drilling units on location to allow interaction with ships which are required to comply with the provisions of chapter XI-2 and part A of this Code.

Ships which are not required to comply with part A of this Code

4.20.   Contracting Governments should consider establishing appropriate security measures to enhance the security of ships to which chapter XI-2 and part A of this Code do not apply and to ensure that any security provisions applying to such ships allow interaction with ships to which part A of this Code applies.

Threats to ships and other incidents at sea

4.21.   Contracting Governments should provide general guidance on the measures considered appropriate to reduce the security risk to ships flying their flag when at sea. They should provide specific advice on the action to be taken in accordance with security levels 1 to 3, if:

| 1. | there is a change in the security level applying to the ship while it is at sea, e.g. because of the geographical area in which it is operating or relating to the ship itself; and |
| --- | --- |

1.

there is a change in the security level applying to the ship while it is at sea, e.g. because of the geographical area in which it is operating or relating to the ship itself; and

| 2. | there is a security incident or threat thereof involving the ship while at sea. |
| --- | --- |

2.

there is a security incident or threat thereof involving the ship while at sea.

Contracting Governments should establish the best methods and procedures for these purposes. In the case of an imminent attack, the ship should seek to establish direct communication with those responsible in the flag State for responding to security incidents.

4.22.   Contracting Governments should also establish a point of contact for advice on security for any ship:

| 1. | entitled to fly their flag; or |
| --- | --- |

1.

entitled to fly their flag; or

| 2. | operating in their territorial sea or having communicated an intention to enter their territorial sea. |
| --- | --- |

2.

operating in their territorial sea or having communicated an intention to enter their territorial sea.

4.23.   Contracting Governments should offer advice to ships operating in their territorial sea or having communicated an intention to enter their territorial sea, which could include advice:

| 1. | to alter or delay their intended passage; |
| --- | --- |

1.

to alter or delay their intended passage;

| 2. | to navigate on a particular course or proceed to a specific location; |
| --- | --- |

2.

to navigate on a particular course or proceed to a specific location;

| 3. | on the availability of any personnel or equipment that could be placed on the hip; |
| --- | --- |

3.

on the availability of any personnel or equipment that could be placed on the hip;

| 4. | to coordinate the passage, arrival into port or departure from port, to allow escort by patrol craft or aircraft (fixed-wing or helicopter). |
| --- | --- |

4.

to coordinate the passage, arrival into port or departure from port, to allow escort by patrol craft or aircraft (fixed-wing or helicopter).

Contracting Governments should remind ships operating in their territorial sea, or having communicated an intention to enter their territorial sea, of any temporary restricted areas that they have published.

4.24.   Contracting Governments should recommend that ships operating in their territorial sea, or having communicated an intention to enter their territorial sea, implement expeditiously, for the ship's protection and for the protection of other ships in the vicinity, any security measure the Contracting Government may have advised.

4.25.   The plans prepared by the Contracting Governments for the purposes given in paragraph 4.22 should include information on an appropriate point of contact, available on a 24-hour basis, within the Contracting Government including the Administration. These plans should also include information on the circumstances in which the Administration considers assistance should be sought from nearby coastal States, and a procedure for liaison between PFSOs and SSOs.

Alternative security agreements

4.26.   Contracting Governments, in considering how to implement chapter XI-2 and part A of this Code, may conclude one or more agreements with one or more Contracting Governments. The scope of an agreement is limited to short international voyages on fixed routes between port facilities in the territory of the parties to the agreement. When concluding an agreement, and thereafter, the Contracting Governments should consult other Contracting Governments and Administrations with an interest in the effects of the agreement. Ships flying the flag of a State that is not party to the agreement should only be allowed to operate on the fixed routes covered by the agreement if their Administration agrees that the ship should comply with the provisions of the agreement and requires the ship to do so. In no case can such an agreement compromise the level of security of other ships and port facilities not covered by it, and specifically, all ships covered by such an agreement may not conduct ship-to-ship activities with ships not so covered. Any operational interface undertaken by ships covered by the agreement should be covered by it. The operation of each agreement must be continually monitored and amended when the need arises and in any event should be reviewed every five years.

Equivalent arrangements for port facilities

4.27.   For certain specific port facilities with limited or special operations but with more than occasional traffic, it may be appropriate to ensure compliance by security measures equivalent to those prescribed in chapter XI-2 and in part A of this Code. This can, in particular, be the case for terminals such as those attached to factories, or quaysides with no frequent operations.

Manning level

4.28.   In establishing the minimum safe manning of a ship, the Administration should take into account that the minimum safe manning provisions established by regulation V/14 only address the safe navigation of the ship. The Administration should also take into account any additional workload which may result from the implementation of the SSP and ensure that the ship is sufficiently and effectively manned. In doing so, the Administration should verify that ships are able to implement the hours of rest and other measures to address fatigue which have been promulgated by national law, in the context of all shipboard duties assigned to the various shipboard personnel.

Control and compliance measures

General

4.29.   Regulation XI-2/9 describes the control and compliance measures applicable to ships under chapter XI-2. It is divided into three distinct sections; control of ships already in a port, control of ships intending to enter a port of another Contracting Government, and additional provisions applicable to both situations.

4.30.   Regulation XI-2/9.1, Control of ships in port, implements a system for the control of ships while in the port of a foreign country where duly authorised officers of the Contracting Government (‘duly authorised officers’) have the right to go on board the ship to verify that the required certificates are in proper order. Then, if there are clear grounds to believe the ship does not comply, control measures such as additional inspections or detention may be taken. This reflects current control systems. Regulation XI-2/9.1 builds on such systems and allows for additional measures (including expulsion of a ship from a port to be taken as a control measure) when duly authorised officers have clear grounds for believing that a ship is in non-compliance with the requirements of chapter XI-2 or part A of this Code. Regulation XI-2/9.3 describes the safeguards that promote fair and proportionate implementation of these additional measures.

4.31.   Regulation XI-2/9.2 applies control measures to ensure compliance to ships intending to enter a port of another Contracting Government and introduces an entirely different concept of control within chapter XI-2, applying to security only. Under this regulation, measures may be implemented prior to the ship entering port, to better ensure security. Just as in regulation XI-2/9.1, this additional control system is based on the concept of clear grounds for believing the ship does not comply with chapter XI-2 or part A of this Code, and includes significant safeguards in regulations XI-2/9.2.2 and XI-2/9.2.5 as well as in regulation XI-2/9.3.

4.32.   Clear grounds that the ship is not in compliance means evidence or reliable information that the ship does not correspond with the requirements of chapter XI-2 or part A of this Code, taking into account the guidance given in this Part of the Code. Such evidence or reliable information may arise from the duly authorised officer's professional judgement or observations gained while verifying the ship's International Ship Security Certificate or Interim International Ship Security Certificate issued in accordance with part A of this Code (‘Certificate’) or from other sources. Even if a valid Certificate is on board the ship, the duly authorised officers may still have clear grounds for believing that the ship is not in compliance based on their professional judgement.

4.33.   Examples of possible clear grounds under regulations XI-2/9.1 and XI-2/9.2 may include, when relevant:

| 1. | evidence from a review of the certificate that it is not valid or it has expired; |
| --- | --- |

1.

evidence from a review of the certificate that it is not valid or it has expired;

| 2. | evidence or reliable information that serious deficiencies exist in the security equipment, documentation or arrangements required by chapter XI-2 and part A of this Code; |
| --- | --- |

2.

evidence or reliable information that serious deficiencies exist in the security equipment, documentation or arrangements required by chapter XI-2 and part A of this Code;

| 3. | receipt of a report or complaint which, in the professional judgement of the duly authorised officer, contains reliable information clearly indicating that the ship does not comply with the requirements of chapter XI-2 or part A of this Code; |
| --- | --- |

3.

receipt of a report or complaint which, in the professional judgement of the duly authorised officer, contains reliable information clearly indicating that the ship does not comply with the requirements of chapter XI-2 or part A of this Code;

| 4. | evidence or observation gained by a duly authorised officer using professional judgement that the master or ship's personnel is not familiar with essential shipboard security procedures or cannot carry out drills related to the security of the ship or that such procedures or drills have not been carried out; |
| --- | --- |

4.

evidence or observation gained by a duly authorised officer using professional judgement that the master or ship's personnel is not familiar with essential shipboard security procedures or cannot carry out drills related to the security of the ship or that such procedures or drills have not been carried out;

| 5. | evidence or observation gained by a duly authorised officer using professional judgement that key members of ship's personnel are not able to establish proper communication with any other key members of ship's personnel with security responsibilities on board the ship; |
| --- | --- |

5.

evidence or observation gained by a duly authorised officer using professional judgement that key members of ship's personnel are not able to establish proper communication with any other key members of ship's personnel with security responsibilities on board the ship;

| 6. | evidence or reliable information that the ship has embarked persons or loaded stores or goods at a port facility or from another ship where either the port facility or the other ship is in violation of chapter XI-2 or part A of this Code, and the ship in question has not completed a Declaration of Security, nor taken appropriate, special or additional security measures or has not maintained appropriate ship security procedures; |
| --- | --- |

6.

evidence or reliable information that the ship has embarked persons or loaded stores or goods at a port facility or from another ship where either the port facility or the other ship is in violation of chapter XI-2 or part A of this Code, and the ship in question has not completed a Declaration of Security, nor taken appropriate, special or additional security measures or has not maintained appropriate ship security procedures;

| 7. | evidence or reliable information that the ship has embarked persons or loaded stores or goods at a port facility or from another source (e.g, another ship or helicopter transfer) where either the port facility or the other source is not required to comply with chapter XI-2 or part A of this Code, and the ship has not taken appropriate, special or additional security measures or has not maintained appropriate security procedures; and |
| --- | --- |

7.

evidence or reliable information that the ship has embarked persons or loaded stores or goods at a port facility or from another source (e.g, another ship or helicopter transfer) where either the port facility or the other source is not required to comply with chapter XI-2 or part A of this Code, and the ship has not taken appropriate, special or additional security measures or has not maintained appropriate security procedures; and

| 8. | the ship holding a subsequent, consecutively issued Interim International Ship Security Certificate as described in section A/19.4, and, in the professional judgement of an officer duly authorised, one of the purposes of the ship or a Company in requesting such a Certificate is to avoid full compliance with chapter XI-2 and part A of this Code beyond the period of the initial Interim Certificate as described in section A/19.4.4. |
| --- | --- |

8.

the ship holding a subsequent, consecutively issued Interim International Ship Security Certificate as described in section A/19.4, and, in the professional judgement of an officer duly authorised, one of the purposes of the ship or a Company in requesting such a Certificate is to avoid full compliance with chapter XI-2 and part A of this Code beyond the period of the initial Interim Certificate as described in section A/19.4.4.

4.34.   The international law implications of regulation XI-2/9 are particularly relevant, and the regulation should be implemented with regulation XI-2/2.4 in mind, as the potential exists for situations where either measures will be taken which fall outside the scope of chapter XI-2, or where rights of affected ships, outside chapter XI-2, should be considered. Thus, regulation XI-2/9 does not prejudice the Contracting Government from taking measures having a basis in, and consistent with, international law to ensure the safety or security of persons, ships, port facilities and other property in cases where the ship, although in compliance with chapter XI-2 and part A of this Code, is still considered to present a security risk.

4.35.   When a Contracting Government imposes control measures on a ship, the Administration should, without delay, be contacted with sufficient information to enable the Administration to fully liaise with the Contracting Government.

Control of ships in port

4.36.   Where the non-compliance is either a defective item of equipment or faulty documentation leading to the ship's detention and the non-compliance cannot be remedied in the port of inspection, the Contracting Government may allow the ship to sail to another port provided that any conditions agreed between the port States and the Administration or master are met.

Ships intending to enter the port of another Contracting Government

4.37   Regulation XI-2/9.2.1 lists the information Contracting Governments may require from a ship as a condition of entry into port. One item of information listed is confirmation of any special or additional measures taken by the ship during its last 10 calls at a port facility. Examples could include:

| 1. | records of the measures taken while visiting a port facility located in the territory of a State which is not a Contracting Government, especially those measures that would normally have been provided by port facilities located in the territories of Contracting Governments; and |
| --- | --- |

1.

records of the measures taken while visiting a port facility located in the territory of a State which is not a Contracting Government, especially those measures that would normally have been provided by port facilities located in the territories of Contracting Governments; and

| 2. | any Declarations of Security that were entered into with port facilities or other ships. |
| --- | --- |

2.

any Declarations of Security that were entered into with port facilities or other ships.

4.38.   Another item of information listed, that may be required as a condition of entry into port, is confirmation that appropriate ship security procedures were maintained during ship-to-ship activity conducted within the period of the last 10 calls at a port facility. It would not normally be required to include records of transfers of pilots or of customs, immigration or security officials nor bunkering, lightering, loading of supplies and unloading of waste by ship within port facilities as these would normally fall within the auspices of the PFSP. Examples of information that might be given include:

| 1. | records of the measures taken while engaged in a ship-to-ship activity with a ship flying the flag of a State which is not a Contracting Government, especially those measures that would normally have been provided by ships flying the flag of Contracting Governments; |
| --- | --- |

1.

records of the measures taken while engaged in a ship-to-ship activity with a ship flying the flag of a State which is not a Contracting Government, especially those measures that would normally have been provided by ships flying the flag of Contracting Governments;

| 2. | records of the measures taken while engaged in a ship-to-ship activity with a ship that is flying the flag of a Contracting Government but is not required to comply with the provisions of chapter XI-2 and part A of this Code, such as a copy of any security certificate issued to that ship under other provisions; and |
| --- | --- |

2.

records of the measures taken while engaged in a ship-to-ship activity with a ship that is flying the flag of a Contracting Government but is not required to comply with the provisions of chapter XI-2 and part A of this Code, such as a copy of any security certificate issued to that ship under other provisions; and

| 3. | in the event that persons or goods rescued at sea are on board, all known information about such persons or goods, including their identities when known and the results of any checks run on behalf of the ship to establish the security status of those rescued. It is not the intention of chapter XI-2 or part A of this Code to delay or prevent the delivery of those in distress at sea to a place of safety. It is the sole intention of chapter XI-2 and part A of this Code to provide States with enough appropriate information to maintain their security integrity. |
| --- | --- |

3.

in the event that persons or goods rescued at sea are on board, all known information about such persons or goods, including their identities when known and the results of any checks run on behalf of the ship to establish the security status of those rescued. It is not the intention of chapter XI-2 or part A of this Code to delay or prevent the delivery of those in distress at sea to a place of safety. It is the sole intention of chapter XI-2 and part A of this Code to provide States with enough appropriate information to maintain their security integrity.

4.39.   Examples of other practical security-related information that may be required as a condition of entry into port in order to assist with ensuring the safety and security of persons, port facilities, ships and other property include:

| 1. | information contained in the Continuous Synopsis Record; |
| --- | --- |

1.

information contained in the Continuous Synopsis Record;

| 2. | location of the ship at the time the report is made; |
| --- | --- |

2.

location of the ship at the time the report is made;

| 3. | expected time of arrival of the ship in port; |
| --- | --- |

3.

expected time of arrival of the ship in port;

| 4. | crew list; |
| --- | --- |

4.

crew list;

| 5. | general description of cargo aboard the ship; |
| --- | --- |

5.

general description of cargo aboard the ship;

| 6. | passenger list; and |
| --- | --- |

6.

passenger list; and

| 7. | information required to be carried under regulation XI-2/5. |
| --- | --- |

7.

information required to be carried under regulation XI-2/5.

4.40.   Regulation XI-2/9.2.5 allows the master of a ship, upon being informed that the coastal or port State will implement control measures under regulation XI-2/9.2, to withdraw the intention for the ship to enter port. If the master withdraws that intention, regulation XI-2/9 no longer applies, and any other steps that are taken must be based on, and consistent with, international law.

Additional provisions

4.41.   In all cases where a ship is denied entry or is expelled from a port, all known facts should be communicated to the authorities of relevant States. This communication should consist of the following, when known:

| 1. | name of ship, its flag, the Ship Identification Number, call sign, ship type and cargo; |
| --- | --- |

1.

name of ship, its flag, the Ship Identification Number, call sign, ship type and cargo;

| 2. | reason for denying entry or for expulsion from port or port areas; |
| --- | --- |

2.

reason for denying entry or for expulsion from port or port areas;

| 3. | if relevant, the nature of any security non-compliance; |
| --- | --- |

3.

if relevant, the nature of any security non-compliance;

| 4. | if relevant, details of any attempts made to rectify any non-compliance, including any conditions imposed on the ship for the voyage; |
| --- | --- |

4.

if relevant, details of any attempts made to rectify any non-compliance, including any conditions imposed on the ship for the voyage;

| 5. | past port(s) of call and next declared port of call; |
| --- | --- |

5.

past port(s) of call and next declared port of call;

| 6. | time of departure and likely estimated time of arrival at those ports; |
| --- | --- |

6.

time of departure and likely estimated time of arrival at those ports;

| 7. | any instructions given to the ship, e.g. reporting on its route; |
| --- | --- |

7.

any instructions given to the ship, e.g. reporting on its route;

| 8. | available information on the security level at which the ship is currently operating; |
| --- | --- |

8.

available information on the security level at which the ship is currently operating;

| 9. | information regarding any communications the port State has had with the Administration; |
| --- | --- |

9.

information regarding any communications the port State has had with the Administration;

| 10. | contact point within the port State making the report for the purpose of obtaining further information; |
| --- | --- |

10.

contact point within the port State making the report for the purpose of obtaining further information;

| 11. | crew list; and |
| --- | --- |

11.

crew list; and

| 12. | any other relevant information. |
| --- | --- |

12.

any other relevant information.

4.42.   Relevant States to contact should include those along the ship's intended passage to its next port, particularly if the ship intends to enter the territorial sea of that coastal State. Other relevant States could include previous ports of call, so that further information might be obtained and security issues relating to the previous ports resolved.

4.43.   In exercising control and compliance measures, the duly authorised officers should ensure that any measures or steps imposed are proportionate. Such measures or steps should be reasonable and of the minimum severity and duration necessary to rectify or mitigate the non-compliance.

4.44.   The word ‘delay’ in regulation XI-2/9.3.5.1 also refers to situations where, pursuant to actions taken under this regulation, the ship is unduly denied entry into port or the ship is unduly expelled from port.

Non-Party ships and ships below Convention size

4.45.   With respect to ships flying the flag of a State which is not a Contracting Government to the Convention and not a Party to the 1988 SOLAS Protocol (1), Contracting Governments should not give more favourable treatment to such ships. Accordingly, the requirements of regulation XI-2/9 and the guidance provided in this Part of the Code should be applied to those ships.

4.46.   Ships below Convention size are subject to measures by which States maintain security. Such measures should be taken with due regard to the requirements in chapter XI-2 and the guidance provided in this Part of the Code.

5.   DECLARATION OF SECURITY

General

5.1.   A Declaration of Security (DoS) should be completed when the Contracting Government of the port facility deems it to be necessary or when a ship deems it necessary.

5.1.1.   The need for a DoS may be indicated by the results of the port facility security assessment (PFSA) and the reasons and circumstances in which a DoS is required should be set out in the port facility security plan (PFSP).

5.1.2.   The need for a DoS may be indicated by an Administration for ships entitled to fly its flag or as a result of a ship security assessment (SSA) and should be set out in the ship security plan (SSP).

5.2.   It is likely that a DoS will be requested at higher security levels, when a ship has a higher security level than the port facility, or another ship with which it interfaces, and for ship/port interface or ship-to-ship activities that pose a higher risk to persons, property or the environment for reasons specific to that ship, including its cargo or passengers or the circumstances at the port facility or a combination of these factors.

5.2.1.   In the case that a ship or an Administration, on behalf of ships entitled to fly its flag, requests completion of a DoS, the port facility security officer (PFSO) or ship security officer (SSO) should acknowledge the request and discuss appropriate security measures.

5.3.   A PFSO may also initiate a DoS prior to ship/port interfaces that are identified in the approved PFSA as being of particular concern. Examples may include embarking or disembarking passengers and the transfer, loading or unloading of dangerous goods or hazardous substances. The PFSA may also identify facilities at or near highly populated areas or economically significant operations that warrant a DoS.

5.4.   The main purpose of a DoS is to ensure agreement is reached between the ship and the port facility or with other ships with which it interfaces as to the respective security measures each will undertake in accordance with the provisions of their respective approved security plans.

5.4.1.   The agreed DoS should be signed and dated by both the port facility and the ship(s), as applicable, to indicate compliance with chapter XI-2 and part A of this Code and should include its duration, the relevant security level or levels and the relevant contact details.

5.4.2.   A change in the security level may require that a new or revised DoS be completed.

5.5.   The DoS should be completed in English, French or Spanish or in a language common to both the port facility and the ship or the ships, as applicable.

5.6.   A model DoS is included in appendix 1 to this Part of the Code. This model is for a DoS between a ship and a port facility. If the DoS is to cover two ships this model should be appropriately adjusted.

6.   OBLIGATIONS OF THE COMPANY

General

6.1.   Regulation XI-2/5 requires the Company to provide the master of the ship with information to meet the requirements of the Company under the provisions of this regulation. This information should include items such as:

| 1. | parties responsible for appointing shipboard personnel, such as ship management companies, manning agents, contractors, concessionaries (for example, retail sales outlets, casinos, etc.); |
| --- | --- |

1.

parties responsible for appointing shipboard personnel, such as ship management companies, manning agents, contractors, concessionaries (for example, retail sales outlets, casinos, etc.);

| 2. | parties responsible for deciding the employment of the ship, including time or bareboat charterer(s) or any other entity acting in such capacity; and |
| --- | --- |

2.

parties responsible for deciding the employment of the ship, including time or bareboat charterer(s) or any other entity acting in such capacity; and

| 3. | in cases when the ship is employed under the terms of a charter party, the contact details of those parties, including time or voyage charterers. |
| --- | --- |

3.

in cases when the ship is employed under the terms of a charter party, the contact details of those parties, including time or voyage charterers.

6.2.   In accordance with regulation XI-2/5, the Company is obliged to update and keep this information current as and when changes occur.

6.3.   This information should be in English, French or Spanish language.

6.4.   With respect to ships constructed before 1 July 2004, this information should reflect the actual condition on that date.

6.5.   With respect to ships constructed on or after 1 July 2004 and for ships constructed before 1 July 2004 which were out of service on 1 July 2004, the information should be provided as from the date of entry of the ship into service and should reflect the actual condition on that date.

6.6.   After 1 July 2004, when a ship is withdrawn from service, the information should be provided as from the date of re-entry of the ship into service and should reflect the actual condition on that date.

6.7.   Previously provided information that does not relate to the actual condition on that date need not be retained on board.

6.8.   When the responsibility for the operation of the ship is assumed by another Company, the information relating to the Company which operated the ship is not required to be left on board.

In addition, other relevant guidance is provided under sections 8, 9 and 13.

7.   SHIP SECURITY

Relevant guidance is provided under sections 8, 9 and 13.

8.   SHIP SECURITY ASSESSMENT

Security assessment

8.1.   The company security officer (CSO) is responsible for ensuring that a ship security assessment (SSA) is carried out for each of the ships in the Company's fleet which is required to comply with the provisions of chapter XI-2 and part A of this Code for which the CSO is responsible. While the CSO need not necessarily personally undertake all the duties associated with the post, the ultimate responsibility for ensuring that they are properly performed remains with the individual CSO.

8.2.   Prior to commencing the SSA, the CSO should ensure that advantage is taken of information available on the assessment of threat for the ports at which the ship will call or at which passengers embark or disembark and about the port facilities and their protective measures. The CSO should study previous reports on similar security needs. Where feasible, the CSO should meet with appropriate persons on the ship and in the port facilities to discuss the purpose and methodology of the assessment. The CSO should follow any specific guidance offered by the Contracting Governments.

8.3.   A SSA should address the following elements on board or within the ship:

| 1. | physical security; |
| --- | --- |

1.

physical security;

| 2. | structural integrity; |
| --- | --- |

2.

structural integrity;

| 3. | personnel protection systems; |
| --- | --- |

3.

personnel protection systems;

| 4. | procedural policies; |
| --- | --- |

4.

procedural policies;

| 5. | radio and telecommunication systems, including computer systems and networks; and |
| --- | --- |

5.

radio and telecommunication systems, including computer systems and networks; and

| 6. | other areas that may, if damaged or used for illicit observation, pose a risk to persons, property, or operations on board the ship or within a port facility. |
| --- | --- |

6.

other areas that may, if damaged or used for illicit observation, pose a risk to persons, property, or operations on board the ship or within a port facility.

8.4.   Those involved in conducting a SSA should be able to draw upon expert assistance in relation to:

| 1. | knowledge of current security threats and patterns; |
| --- | --- |

1.

knowledge of current security threats and patterns;

| 2. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

2.

recognition and detection of weapons, dangerous substances and devices;

| 3. | recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security; |
| --- | --- |

3.

recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security;

| 4. | techniques used to circumvent security measures; |
| --- | --- |

4.

techniques used to circumvent security measures;

| 5. | methods used to cause a security incident; |
| --- | --- |

5.

methods used to cause a security incident;

| 6. | effects of explosives on ship's structures and equipment; |
| --- | --- |

6.

effects of explosives on ship's structures and equipment;

| 7. | ship security; |
| --- | --- |

7.

ship security;

| 8. | ship/port interface business practices; |
| --- | --- |

8.

ship/port interface business practices;

| 9. | contingency planning, emergency preparedness and response; |
| --- | --- |

9.

contingency planning, emergency preparedness and response;

| 10. | physical security; |
| --- | --- |

10.

physical security;

| 11. | radio and telecommunications systems, including computer systems and networks; |
| --- | --- |

11.

radio and telecommunications systems, including computer systems and networks;

| 12. | marine engineering; and |
| --- | --- |

12.

marine engineering; and

| 13. | ship and port operations. |
| --- | --- |

13.

ship and port operations.

8.5.   The CSO should obtain and record the information required to conduct an assessment, including:

| 1. | the general layout of the ship; |
| --- | --- |

1.

the general layout of the ship;

| 2. | the location of areas which should have restricted access, such as navigation bridge, machinery spaces of category A and other control stations as defined in chapter II-2, etc.; |
| --- | --- |

2.

the location of areas which should have restricted access, such as navigation bridge, machinery spaces of category A and other control stations as defined in chapter II-2, etc.;

| 3. | the location and function of each actual or potential access point to the ship; |
| --- | --- |

3.

the location and function of each actual or potential access point to the ship;

| 4. | changes in the tide which may have an impact on the vulnerability or security of the ship; |
| --- | --- |

4.

changes in the tide which may have an impact on the vulnerability or security of the ship;

| 5. | the cargo spaces and stowage arrangements; |
| --- | --- |

5.

the cargo spaces and stowage arrangements;

| 6. | the locations where the ship's stores and essential maintenance equipment is stored; |
| --- | --- |

6.

the locations where the ship's stores and essential maintenance equipment is stored;

| 7. | the locations where unaccompanied baggage is stored; |
| --- | --- |

7.

the locations where unaccompanied baggage is stored;

| 8. | the emergency and stand-by equipment available to maintain essential services; |
| --- | --- |

8.

the emergency and stand-by equipment available to maintain essential services;

| 9. | the number of ship's personnel, any existing security duties and any existing training requirement practises of the Company; |
| --- | --- |

9.

the number of ship's personnel, any existing security duties and any existing training requirement practises of the Company;

| 10. | existing security and safety equipment for the protection of passengers and ship's personnel; |
| --- | --- |

10.

existing security and safety equipment for the protection of passengers and ship's personnel;

| 11. | escape and evacuation routes and assembly stations which have to be maintained to ensure the orderly and safe emergency evacuation of the ship; |
| --- | --- |

11.

escape and evacuation routes and assembly stations which have to be maintained to ensure the orderly and safe emergency evacuation of the ship;

| 12. | existing agreements with private security companies providing ship/water-side security services; and |
| --- | --- |

12.

existing agreements with private security companies providing ship/water-side security services; and

| 13. | existing security measures and procedures in effect, including inspection and, control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarms, lighting, access control and other appropriate systems. |
| --- | --- |

13.

existing security measures and procedures in effect, including inspection and, control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarms, lighting, access control and other appropriate systems.

8.6.   The SSA should examine each identified point of access, including open weather decks, and evaluate its potential for use by individuals who might seek to breach security. This includes points of access available to individuals having legitimate access as well as those who seek to obtain unauthorised entry.

8.7.   The SSA should consider the continuing relevance of the existing security measures and guidance, procedures and operations, under both routine and emergency conditions, and should determine security guidance including:

| 1. | the restricted areas; |
| --- | --- |

1.

the restricted areas;

| 2. | the response procedures to fire or other emergency conditions; |
| --- | --- |

2.

the response procedures to fire or other emergency conditions;

| 3. | the level of supervision of the ship's personnel, passengers, visitors, vendors, repair technicians, dock workers, etc.; |
| --- | --- |

3.

the level of supervision of the ship's personnel, passengers, visitors, vendors, repair technicians, dock workers, etc.;

| 4. | the frequency and effectiveness of security patrols; |
| --- | --- |

4.

the frequency and effectiveness of security patrols;

| 5. | the access control systems, including identification systems; |
| --- | --- |

5.

the access control systems, including identification systems;

| 6. | the security communications systems and procedures; |
| --- | --- |

6.

the security communications systems and procedures;

| 7. | the security doors, barriers and lighting; and |
| --- | --- |

7.

the security doors, barriers and lighting; and

| 8. | the security and surveillance equipment and systems, if any. |
| --- | --- |

8.

the security and surveillance equipment and systems, if any.

8.8.   The SSA should consider the persons, activities, services and operations that it is important to protect. This includes:

| 1. | the ship's personnel; |
| --- | --- |

1.

the ship's personnel;

| 2. | passengers, visitors, vendors, repair technicians, port facility personnel, etc.; |
| --- | --- |

2.

passengers, visitors, vendors, repair technicians, port facility personnel, etc.;

| 3. | the capacity to maintain safe navigation and emergency response; |
| --- | --- |

3.

the capacity to maintain safe navigation and emergency response;

| 4. | the cargo, particularly dangerous goods or hazardous substances; |
| --- | --- |

4.

the cargo, particularly dangerous goods or hazardous substances;

| 5. | the ship's stores; |
| --- | --- |

5.

the ship's stores;

| 6. | the ship security communication equipment and systems, if any; and |
| --- | --- |

6.

the ship security communication equipment and systems, if any; and

| 7. | the ship's security surveillance equipment and systems, if any. |
| --- | --- |

7.

the ship's security surveillance equipment and systems, if any.

8.9.   The SSA should consider all possible threats, which may include the following types of security incidents:

| 1. | damage to, or destruction of, the ship or of a port facility, e.g. by explosive devices, arson, sabotage or vandalism; |
| --- | --- |

1.

damage to, or destruction of, the ship or of a port facility, e.g. by explosive devices, arson, sabotage or vandalism;

| 2. | hijacking or seizure of the ship or of persons on board; |
| --- | --- |

2.

hijacking or seizure of the ship or of persons on board;

| 3. | tampering with cargo, essential ship equipment or systems or ship's stores; |
| --- | --- |

3.

tampering with cargo, essential ship equipment or systems or ship's stores;

| 4. | unauthorised access or use, including presence of stowaways; |
| --- | --- |

4.

unauthorised access or use, including presence of stowaways;

| 5. | smuggling weapons or equipment, including weapons of mass destruction; |
| --- | --- |

5.

smuggling weapons or equipment, including weapons of mass destruction;

| 6. | use of the ship to carry those intending to cause a security incident and/or their equipment; |
| --- | --- |

6.

use of the ship to carry those intending to cause a security incident and/or their equipment;

| 7. | use of the ship itself as a weapon or as a means to cause damage or destruction; |
| --- | --- |

7.

use of the ship itself as a weapon or as a means to cause damage or destruction;

| 8. | attacks from seaward whilst at berth or at anchor; and |
| --- | --- |

8.

attacks from seaward whilst at berth or at anchor; and

| 9. | attacks whilst at sea. |
| --- | --- |

9.

attacks whilst at sea.

8.10.   The SSA should take into account all possible vulnerabilities, which may include:

| 1. | conflicts between safety and security measures; |
| --- | --- |

1.

conflicts between safety and security measures;

| 2. | conflicts between shipboard duties and security assignments; |
| --- | --- |

2.

conflicts between shipboard duties and security assignments;

| 3. | watchkeeping duties, number of ship's personnel, particularly with implications on crew fatigue, alertness and performance; |
| --- | --- |

3.

watchkeeping duties, number of ship's personnel, particularly with implications on crew fatigue, alertness and performance;

| 4. | any identified security training deficiencies; and |
| --- | --- |

4.

any identified security training deficiencies; and

| 5. | any security equipment and systems, including communication systems. |
| --- | --- |

5.

any security equipment and systems, including communication systems.

8.11.   The CSO and ship security officer (SSO) should always have regard to the effect that security measures may have on ship's personnel who will remain on the ship for long periods. When developing security measures, particular consideration should be given to the convenience, comfort and personal privacy of the ship's personnel and their ability to maintain their effectiveness over long periods.

8.12.   Upon completion of the SSA, a report shall be prepared, consisting of a summary of how the assessment was conducted, a description of each vulnerability found during the assessment and a description of countermeasures that could be used to address each vulnerability. The report shall be protected from unauthorised access or disclosure.

8.13.   If the SSA has not been carried out by the Company, the report of the SSA should be reviewed and accepted by the CSO.

On-scene security survey

8.14.   The on-scene security survey is an integral part of any SSA. The on-scene security survey should examine and evaluate existing shipboard protective measures, procedures and operations for:

| 1. | ensuring the performance of all ship security duties; |
| --- | --- |

1.

ensuring the performance of all ship security duties;

| 2. | monitoring restricted areas to ensure that only authorised persons have access; |
| --- | --- |

2.

monitoring restricted areas to ensure that only authorised persons have access;

| 3. | controlling access to the ship, including any identification systems; |
| --- | --- |

3.

controlling access to the ship, including any identification systems;

| 4. | monitoring of deck areas and areas surrounding the ship; |
| --- | --- |

4.

monitoring of deck areas and areas surrounding the ship;

| 5. | controlling the embarkation of persons and their effects (accompanied and unaccompanied baggage and ship's personnel personal effects); |
| --- | --- |

5.

controlling the embarkation of persons and their effects (accompanied and unaccompanied baggage and ship's personnel personal effects);

| 6. | supervising the handling of cargo and the delivery of ship's stores; and |
| --- | --- |

6.

supervising the handling of cargo and the delivery of ship's stores; and

| 7. | ensuring that ship security communication, information, and equipment are readily available. |
| --- | --- |

7.

ensuring that ship security communication, information, and equipment are readily available.

9.   SHIP SECURITY PLAN

General

9.1.   The company security officer (CSO) has the responsibility of ensuring that a ship security plan (SSP) is prepared and submitted for approval. The content of each individual SSP should vary depending on the particular ship it covers. The ship security assessment (SSA) will have identified the particular features of the ship and the potential threats and vulnerabilities. The preparation of the SSP will require these features to be addressed in detail. Administrations may prepare advice on the preparation and content of a SSP.

9.2.   All SSPs should:

| 1. | detail the organisational structure of security for the ship; |
| --- | --- |

1.

detail the organisational structure of security for the ship;

| 2. | detail the ship's relationships with the Company, port facilities, other ships and relevant authorities with security responsibility; |
| --- | --- |

2.

detail the ship's relationships with the Company, port facilities, other ships and relevant authorities with security responsibility;

| 3. | detail the communication systems to allow effective continuous communication within the ship and between the ship and others, including port facilities; |
| --- | --- |

3.

detail the communication systems to allow effective continuous communication within the ship and between the ship and others, including port facilities;

| 4. | detail the basic security measures for security level 1, both operational and physical, that will always be in place; |
| --- | --- |

4.

detail the basic security measures for security level 1, both operational and physical, that will always be in place;

| 5. | detail the additional security measures that will allow the ship to progress without delay to security level 2 and, when necessary, to security level 3; |
| --- | --- |

5.

detail the additional security measures that will allow the ship to progress without delay to security level 2 and, when necessary, to security level 3;

| 6. | provide for regular review, or audit, of the SSP and for its amendment in response to experience or changing circumstances; and |
| --- | --- |

6.

provide for regular review, or audit, of the SSP and for its amendment in response to experience or changing circumstances; and

| 7. | detail reporting procedures to the appropriate Contracting Government's contact points. |
| --- | --- |

7.

detail reporting procedures to the appropriate Contracting Government's contact points.

9.3.   Preparation of an effective SSP should rest on a thorough assessment of all issues that relate to the security of the ship, including, in particular, a thorough appreciation of the physical and operational characteristics, including the voyage pattern, of the individual ship.

9.4.   All SSPs should be approved by, or on behalf of, the Administration. If an Administration uses a recognised security organisation (RSO) to review or approve the SSP, that RSO should not be associated with any other RSO that prepared, or assisted in the preparation of, the plan.

9.5.   CSOs and SSOs should develop procedures to:

| 1. | assess the continuing effectiveness of the SSP; and |
| --- | --- |

1.

assess the continuing effectiveness of the SSP; and

| 2. | prepare amendments of the plan subsequent to its approval. |
| --- | --- |

2.

prepare amendments of the plan subsequent to its approval.

9.6.   The security measures included in the SSP should be in place when the initial verification for compliance with the requirements of chapter XI-2 and part A of this Code will be carried out. Otherwise the process of issue to the ship of the required International Ship Security Certificate cannot be carried out. If there is any subsequent failure of security equipment or systems, or suspension of a security measure for whatever reason, equivalent temporary security measures should be adopted, notified to, and agreed by the Administration.

Organisation and performance of ship security duties

9.7.   In addition to the guidance given in paragraph 9.2, the SSP should establish the following, which relate to all security levels:

| 1. | the duties and responsibilities of all shipboard personnel with a security role; |
| --- | --- |

1.

the duties and responsibilities of all shipboard personnel with a security role;

| 2. | the procedures or safeguards necessary to allow such continuous communications to be maintained at all times; |
| --- | --- |

2.

the procedures or safeguards necessary to allow such continuous communications to be maintained at all times;

| 3. | the procedures needed to assess the continuing effectiveness of security procedures and any security and surveillance equipment and systems, including procedures for identifying and responding to equipment or systems failure or malfunction; |
| --- | --- |

3.

the procedures needed to assess the continuing effectiveness of security procedures and any security and surveillance equipment and systems, including procedures for identifying and responding to equipment or systems failure or malfunction;

| 4. | the procedures and practices to protect security-sensitive information held in paper or electronic format; |
| --- | --- |

4.

the procedures and practices to protect security-sensitive information held in paper or electronic format;

| 5. | the type and maintenance requirements of security and surveillance equipment and systems, if any; |
| --- | --- |

5.

the type and maintenance requirements of security and surveillance equipment and systems, if any;

| 6. | the procedures to ensure the timely submission, and assessment, of reports relating to possible breaches of security or security concerns; and |
| --- | --- |

6.

the procedures to ensure the timely submission, and assessment, of reports relating to possible breaches of security or security concerns; and

| 7. | procedures to establish, maintain and update an inventory of any dangerous goods or hazardous substances carried on board, including their location. |
| --- | --- |

7.

procedures to establish, maintain and update an inventory of any dangerous goods or hazardous substances carried on board, including their location.

9.8.   The remainder of section 9 addresses specifically the security measures that could be taken at each security level covering:

| 1. | access to the ship by ship's personnel, passengers, visitors, etc.; |
| --- | --- |

1.

access to the ship by ship's personnel, passengers, visitors, etc.;

| 2. | restricted areas on the ship; |
| --- | --- |

2.

restricted areas on the ship;

| 3. | handling of cargo; |
| --- | --- |

3.

handling of cargo;

| 4. | delivery of ship's stores; |
| --- | --- |

4.

delivery of ship's stores;

| 5. | handling unaccompanied baggage; and |
| --- | --- |

5.

handling unaccompanied baggage; and

| 6. | monitoring the security of the ship. |
| --- | --- |

6.

monitoring the security of the ship.

Access to the ship

9.9.   The SSP should establish the security measures covering all means of access to the ship identified in the SSA. This should include any:

| 1. | access ladders; |
| --- | --- |

1.

access ladders;

| 2. | access gangways; |
| --- | --- |

2.

access gangways;

| 3. | access ramps; |
| --- | --- |

3.

access ramps;

| 4. | access doors, sidescuttles, windows and ports; |
| --- | --- |

4.

access doors, sidescuttles, windows and ports;

| 5. | mooring lines and anchor chains; and |
| --- | --- |

5.

mooring lines and anchor chains; and

| 6. | cranes and hoisting gear. |
| --- | --- |

6.

cranes and hoisting gear.

9.10.   For each of these the SSP should identify the appropriate locations where access restrictions or prohibitions should be applied for each of the security levels. For each security level the SSP should establish the type of restriction or prohibition to be applied and the means of enforcing them.

9.11.   The SSP should establish for each security level the means of identification required to allow access to the ship and for individuals to remain on the ship without challenge. This may involve developing an appropriate identification system allowing for permanent and temporary identifications, for ship's personnel and visitors respectively. Any ship identification system should, when it is practicable to do so, be coordinated with that applying to the port facility. Passengers should be able to prove their identity by boarding passes, tickets, etc., but should not be permitted access to restricted areas unless supervised. The SSP should establish provisions to ensure that the identification systems are regularly updated, and that abuse of procedures should be subject to disciplinary action.

9.12.   Those unwilling or unable to establish their identity and/or to confirm the purpose of their visit when requested to do so should be denied access to the ship and their attempt to obtain access should be reported, as appropriate, to the SSO, the CSO, the port facility security officer (PFSO) and to the national or local authorities with security responsibilities.

9.13.   The SSP should establish the frequency of application of any access controls, particularly if they are to be applied on a random, or occasional, basis.

Security level 1

9.14.   At security level 1, the SSP should establish the security measures to control access to the ship, where the following may be applied:

| 1. | checking the identity of all persons seeking to board the ship and confirming their reasons for doing so by checking, for example, joining instructions, passenger tickets, boarding passes, work orders, etc.; |
| --- | --- |

1.

checking the identity of all persons seeking to board the ship and confirming their reasons for doing so by checking, for example, joining instructions, passenger tickets, boarding passes, work orders, etc.;

| 2. | in liaison with the port facility, the ship should ensure that designated secure areas are established in which inspections and searching of persons, baggage (including carry-on items), personal effects, vehicles and their contents can take place; |
| --- | --- |

2.

in liaison with the port facility, the ship should ensure that designated secure areas are established in which inspections and searching of persons, baggage (including carry-on items), personal effects, vehicles and their contents can take place;

| 3. | in liaison with the port facility, the ship should ensure that vehicles destined to be loaded on board car carriers, ro-ro and other passenger ships are subjected to search prior to loading, in accordance with the frequency required in the SSP; |
| --- | --- |

3.

in liaison with the port facility, the ship should ensure that vehicles destined to be loaded on board car carriers, ro-ro and other passenger ships are subjected to search prior to loading, in accordance with the frequency required in the SSP;

| 4. | segregating checked persons and their personal effects from unchecked persons and their personal effects; |
| --- | --- |

4.

segregating checked persons and their personal effects from unchecked persons and their personal effects;

| 5. | segregating embarking from disembarking passengers; |
| --- | --- |

5.

segregating embarking from disembarking passengers;

| 6. | identifying access points that should be secured or attended to prevent unauthorised access; |
| --- | --- |

6.

identifying access points that should be secured or attended to prevent unauthorised access;

| 7. | securing, by locking or other means, access to unattended spaces adjoining areas to which passengers and visitors have access; and |
| --- | --- |

7.

securing, by locking or other means, access to unattended spaces adjoining areas to which passengers and visitors have access; and

| 8. | providing security briefings to all ship personnel on possible threats, the procedures for reporting suspicious persons, objects or activities and the need for vigilance. |
| --- | --- |

8.

providing security briefings to all ship personnel on possible threats, the procedures for reporting suspicious persons, objects or activities and the need for vigilance.

9.15.   At security level 1, all those seeking to board a ship should be liable to search. The frequency of such searches, including random searches, should be specified in the approved SSP and should be specifically approved by the Administration. Such searches may best be undertaken by the port facility in close cooperation with the ship and in close proximity to it. Unless there are clear security grounds for doing so, members of the ship's personnel should not be required to search their colleagues or their personal effects. Any such search shall be undertaken in a manner which fully takes into account the human rights of the individual and preserves their basic human dignity.

Security level 2

9.16.   At security level 2, the SSP should establish the security measures to be applied to protect against a heightened risk of a security incident to ensure higher vigilance and tighter control, which may include:

| 1. | assigning additional personnel to patrol deck areas during silent hours to deter unauthorised access; |
| --- | --- |

1.

assigning additional personnel to patrol deck areas during silent hours to deter unauthorised access;

| 2. | limiting the number of access points to the ship, identifying those to be closed and the means of adequately securing them; |
| --- | --- |

2.

limiting the number of access points to the ship, identifying those to be closed and the means of adequately securing them;

| 3. | deterring waterside access to the ship, including, for example, in liaison with the port facility, provision of boat patrols; |
| --- | --- |

3.

deterring waterside access to the ship, including, for example, in liaison with the port facility, provision of boat patrols;

| 4. | establishing a restricted area on the shore side of the ship, in close cooperation with the port facility; |
| --- | --- |

4.

establishing a restricted area on the shore side of the ship, in close cooperation with the port facility;

| 5. | increasing the frequency and detail of searches of persons, personal effects, and vehicles being embarked or loaded onto the ship; |
| --- | --- |

5.

increasing the frequency and detail of searches of persons, personal effects, and vehicles being embarked or loaded onto the ship;

| 6. | escorting visitors on the ship; |
| --- | --- |

6.

escorting visitors on the ship;

| 7. | providing additional specific security briefings to all ship personnel on any identified threats, re-emphasising the procedures for reporting suspicious persons, objects, or activities and stressing the need for increased vigilance; and |
| --- | --- |

7.

providing additional specific security briefings to all ship personnel on any identified threats, re-emphasising the procedures for reporting suspicious persons, objects, or activities and stressing the need for increased vigilance; and

| 8. | carrying out a full or partial search of the ship. |
| --- | --- |

8.

carrying out a full or partial search of the ship.

Security level 3

9.17.   At security level 3, the ship should comply with the instructions issued by those responding to the security incident or threat thereof. The SSP should detail the security measures which could be taken by the ship, in close cooperation with those responding and the port facility, which may include:

| 1. | limiting access to a single, controlled, access point; |
| --- | --- |

1.

limiting access to a single, controlled, access point;

| 2. | granting access only to those responding to the security incident or threat thereof; |
| --- | --- |

2.

granting access only to those responding to the security incident or threat thereof;

| 3. | directing persons on board; |
| --- | --- |

3.

directing persons on board;

| 4. | suspension of embarkation or disembarkation; |
| --- | --- |

4.

suspension of embarkation or disembarkation;

| 5. | suspension of cargo handling operations, deliveries, etc.; |
| --- | --- |

5.

suspension of cargo handling operations, deliveries, etc.;

| 6. | evacuation of the ship; |
| --- | --- |

6.

evacuation of the ship;

| 7. | movement of the ship; and |
| --- | --- |

7.

movement of the ship; and

| 8. | preparing for a full or partial search of the ship. |
| --- | --- |

8.

preparing for a full or partial search of the ship.

Restricted areas on the ship

9.18.   The SSP should identify the restricted areas to be established on the ship, specify their extent, times of application, the security measures to be taken to control access to them and those to be taken to control activities within them. The purposes of restricted areas are to:

| 1. | prevent unauthorised access; |
| --- | --- |

1.

prevent unauthorised access;

| 2. | protect passengers, ship's personnel, and personnel from port facilities or other agencies authorised to be on board the ship; |
| --- | --- |

2.

protect passengers, ship's personnel, and personnel from port facilities or other agencies authorised to be on board the ship;

| 3. | protect security-sensitive areas within the ship; and |
| --- | --- |

3.

protect security-sensitive areas within the ship; and

| 4. | protect cargo and ship's stores from tampering. |
| --- | --- |

4.

protect cargo and ship's stores from tampering.

9.19.   The SSP should ensure that there are clearly established policies and practices to control access to all restricted areas.

9.20.   The SSP should provide that all restricted areas should be clearly marked, indicating that access to the area is restricted and that unauthorised presence within the area constitutes a breach of security.

9.21.   Restricted areas may include:

| 1. | navigation bridge, machinery spaces of category A and other control stations as defined in chapter II-2; |
| --- | --- |

1.

navigation bridge, machinery spaces of category A and other control stations as defined in chapter II-2;

| 2. | spaces containing security and surveillance equipment and systems and their controls and lighting system controls; |
| --- | --- |

2.

spaces containing security and surveillance equipment and systems and their controls and lighting system controls;

| 3. | ventilation and air-conditioning systems and other similar spaces; |
| --- | --- |

3.

ventilation and air-conditioning systems and other similar spaces;

| 4. | spaces with access to potable water tanks, pumps, or manifolds; |
| --- | --- |

4.

spaces with access to potable water tanks, pumps, or manifolds;

| 5. | spaces containing dangerous goods or hazardous substances; |
| --- | --- |

5.

spaces containing dangerous goods or hazardous substances;

| 6. | spaces containing cargo pumps and their controls; |
| --- | --- |

6.

spaces containing cargo pumps and their controls;

| 7. | cargo spaces and spaces containing ship's stores; |
| --- | --- |

7.

cargo spaces and spaces containing ship's stores;

| 8. | crew accommodation; and |
| --- | --- |

8.

crew accommodation; and

| 9. | any other areas as determined by the CSO, through the SSA, to which access must be restricted to maintain the security of the ship. |
| --- | --- |

9.

any other areas as determined by the CSO, through the SSA, to which access must be restricted to maintain the security of the ship.

Security level 1

9.22.   At security level 1, the SSP should establish the security measures to be applied to restricted areas, which may include:

| 1. | locking or securing access points; |
| --- | --- |

1.

locking or securing access points;

| 2. | using surveillance equipment to monitor the areas; |
| --- | --- |

2.

using surveillance equipment to monitor the areas;

| 3. | using guards or patrols; and |
| --- | --- |

3.

using guards or patrols; and

| 4. | using automatic intrusion-detection devices to alert the ship's personnel of unauthorised access. |
| --- | --- |

4.

using automatic intrusion-detection devices to alert the ship's personnel of unauthorised access.

Security level 2

9.23.   At security level 2, the frequency and intensity of the monitoring of, and control of access to, restricted areas should be increased to ensure that only authorised persons have access. The SSP should establish the additional security measures to be applied, which may include:

| 1. | establishing restricted areas adjacent to access points; |
| --- | --- |

1.

establishing restricted areas adjacent to access points;

| 2. | continuously monitoring surveillance equipment; and |
| --- | --- |

2.

continuously monitoring surveillance equipment; and

| 3. | dedicating additional personnel to guard and patrol restricted areas. |
| --- | --- |

3.

dedicating additional personnel to guard and patrol restricted areas.

Security level 3

9.24.   At security level 3, the ship should comply with the instructions issued by those responding to the security incident or threat thereof. The SSP should detail the security measures which could be taken by the ship, in close cooperation with those responding and the port facility, which may include:

| 1. | setting up of additional restricted areas on the ship in proximity to the security incident, or the believed location of the security threat, to which access is denied; and |
| --- | --- |

1.

setting up of additional restricted areas on the ship in proximity to the security incident, or the believed location of the security threat, to which access is denied; and

| 2. | searching of restricted areas as part of a search of the ship. |
| --- | --- |

2.

searching of restricted areas as part of a search of the ship.

Handling of cargo

9.25.   The security measures relating to cargo handling should:

| 1. | prevent tampering; and |
| --- | --- |

1.

prevent tampering; and

| 2. | prevent cargo that is not meant for carriage from being accepted and stored on board the ship. |
| --- | --- |

2.

prevent cargo that is not meant for carriage from being accepted and stored on board the ship.

9.26.   The security measures, some of which may have to be applied in liaison with the port facility, should include inventory control procedures at access points to the ship. Once on board the ship, cargo should be capable of being identified as having been approved for loading onto the ship. In addition, security measures should be developed to ensure that cargo, once on board, is not tampered with.

Security level 1

9.27.   At security level 1, the SSP should establish the security measures to be applied during cargo handling, which may include:

| 1. | routine checking of cargo, cargo transport units and cargo spaces prior to, and during, cargo handling operations; |
| --- | --- |

1.

routine checking of cargo, cargo transport units and cargo spaces prior to, and during, cargo handling operations;

| 2. | checks to ensure that cargo being loaded matches the cargo documentation; |
| --- | --- |

2.

checks to ensure that cargo being loaded matches the cargo documentation;

| 3. | ensuring, in liaison with the port facility, that vehicles to be loaded on board car-carriers, ro-ro and passenger ships are subjected to search prior to loading, in accordance with the frequency required in the SSP; and |
| --- | --- |

3.

ensuring, in liaison with the port facility, that vehicles to be loaded on board car-carriers, ro-ro and passenger ships are subjected to search prior to loading, in accordance with the frequency required in the SSP; and

| 4. | checking of seals or other methods used to prevent tampering. |
| --- | --- |

4.

checking of seals or other methods used to prevent tampering.

9.28.   Checking of cargo may be accomplished by the following means:

| 1. | visual and physical examination; and |
| --- | --- |

1.

visual and physical examination; and

| 2. | using scanning/detection equipment, mechanical devices, or dogs. |
| --- | --- |

2.

using scanning/detection equipment, mechanical devices, or dogs.

9.29.   When there are regular or repeated cargo movements, the CSO or SSO may, in consultation with the port facility, agree arrangements with shippers or others responsible for such cargo covering off-site checking, sealing, scheduling, supporting documentation, etc. Such arrangements should be communicated to and agreed with the PFSO concerned.

Security level 2

9.30.   At security level 2, the SSP should establish the additional security measures to be applied during cargo handling, which may include:

| 1. | detailed checking of cargo, cargo transport units and cargo spaces; |
| --- | --- |

1.

detailed checking of cargo, cargo transport units and cargo spaces;

| 2. | intensified checks to ensure that only the intended cargo is loaded; |
| --- | --- |

2.

intensified checks to ensure that only the intended cargo is loaded;

| 3. | intensified searching of vehicles to be loaded on car carriers, ro-ro and passenger ships; and |
| --- | --- |

3.

intensified searching of vehicles to be loaded on car carriers, ro-ro and passenger ships; and

| 4. | increased frequency and detail in checking of seals or other methods used to prevent tampering. |
| --- | --- |

4.

increased frequency and detail in checking of seals or other methods used to prevent tampering.

9.31.   Detailed checking of cargo may be accomplished by the following means:

| 1. | increasing the frequency and detail of visual and physical examination; |
| --- | --- |

1.

increasing the frequency and detail of visual and physical examination;

| 2. | increasing the frequency of the use of scanning/detection equipment, mechanical devices, or dogs; and |
| --- | --- |

2.

increasing the frequency of the use of scanning/detection equipment, mechanical devices, or dogs; and

| 3. | coordinating enhanced security measures with the shipper or other responsible party in accordance with an established agreement and procedures. |
| --- | --- |

3.

coordinating enhanced security measures with the shipper or other responsible party in accordance with an established agreement and procedures.

Security level 3

9.32.   At security level 3, the ship should comply with the instructions issued by those responding to the security incident or threat thereof. The SSP should detail the security measures which could be taken by the ship, in close cooperation with those responding and the port facility, which may include:

| 1. | suspending the loading or unloading of cargo; and |
| --- | --- |

1.

suspending the loading or unloading of cargo; and

| 2. | verifying the inventory of dangerous goods and hazardous substances carried on board, if any, and their location. |
| --- | --- |

2.

verifying the inventory of dangerous goods and hazardous substances carried on board, if any, and their location.

Delivery of ship's stores

9.33.   The security measures relating to the delivery of ship's stores should:

| 1. | ensure checking of ship's stores and package integrity; |
| --- | --- |

1.

ensure checking of ship's stores and package integrity;

| 2. | prevent ship's stores from being accepted without inspection; |
| --- | --- |

2.

prevent ship's stores from being accepted without inspection;

| 3. | prevent tampering; and |
| --- | --- |

3.

prevent tampering; and

| 4. | prevent ship's stores from being accepted unless ordered. |
| --- | --- |

4.

prevent ship's stores from being accepted unless ordered.

9.34.   For ships regularly using the port facility, it may be appropriate to establish procedures involving the ship, its suppliers and the port facility covering notification and timing of deliveries and their documentation. There should always be some way of confirming that stores presented for delivery are accompanied by evidence that they have been ordered by the ship.

Security level 1

9.35.   At security level 1, the SSP should establish the security measures to be applied during delivery of ship's stores, which may include:

| 1. | checking to ensure stores match the order prior to being loaded on board; and |
| --- | --- |

1.

checking to ensure stores match the order prior to being loaded on board; and

| 2. | ensuring immediate secure stowage of ship's stores. |
| --- | --- |

2.

ensuring immediate secure stowage of ship's stores.

Security level 2

9.36.   At security level 2, the SSP should establish the additional security measures to be applied during delivery of ship's stores by exercising checks prior to receiving stores on board and intensifying inspections.

Security level 3

9.37.   At security level 3, the ship should comply with the instructions issued by those responding to the security incident or threat thereof. The SSP should detail the security measures which could be taken by the ship, in close cooperation with those responding and the port facility, which may include:

| 1. | subjecting ship's stores to more extensive checking; |
| --- | --- |

1.

subjecting ship's stores to more extensive checking;

| 2. | preparation for restriction or suspension of handling of ship's stores; and |
| --- | --- |

2.

preparation for restriction or suspension of handling of ship's stores; and

| 3. | refusal to accept ship's stores on board the ship. |
| --- | --- |

3.

refusal to accept ship's stores on board the ship.

Handling unaccompanied baggage

9.38.   The SSP should establish the security measures to be applied to ensure that unaccompanied baggage (i.e. any baggage, including personal effects, which is not with the passenger or member of ship's personnel at the point of inspection or search) is identified and subjected to appropriate screening, including searching, before it is accepted on board the ship. It is not envisaged that such baggage will be subjected to screening by both the ship and the port facility, and in cases where both are suitably equipped, the responsibility for screening should rest with the port facility. Close cooperation with the port facility is essential and steps should be taken to ensure that unaccompanied baggage is handled securely after screening.

Security level 1

9.39.   At security level 1, the SSP should establish the security measures to be applied when handling unaccompanied baggage to ensure that unaccompanied baggage is screened or searched up to and including 100 percent, which may include use of x-ray screening.

Security level 2

9.40.   At security level 2, the SSP should establish the additional security measures to be applied when handling unaccompanied baggage, which should include 100 percent x-ray screening of all unaccompanied baggage.

Security level 3

9.41.   At security level 3, the ship should comply with the instructions issued by those responding to the security incident or threat thereof. The SSP should detail the security measures which could be taken by the ship, in close cooperation with those responding and the port facility, which may include:

| 1. | subjecting such baggage to more extensive screening, for example x-raying it from at least two different angles; |
| --- | --- |

1.

subjecting such baggage to more extensive screening, for example x-raying it from at least two different angles;

| 2. | preparation for restriction or suspension of handling of unaccompanied baggage; and |
| --- | --- |

2.

preparation for restriction or suspension of handling of unaccompanied baggage; and

| 3. | refusal to accept unaccompanied baggage on board the ship. |
| --- | --- |

3.

refusal to accept unaccompanied baggage on board the ship.

Monitoring the security of the ship

9.42.   The ship should have the capability to monitor the ship, the restricted areas on board and areas surrounding the ship. Such monitoring capabilities may include use of:

| 1. | lighting; |
| --- | --- |

1.

lighting;

| 2. | watchkeepers, security guards and deck watches, including patrols; and |
| --- | --- |

2.

watchkeepers, security guards and deck watches, including patrols; and

| 3. | automatic intrusion-detection devices and surveillance equipment. |
| --- | --- |

3.

automatic intrusion-detection devices and surveillance equipment.

9.43.   When used, automatic intrusion-detection devices should activate an audible and/or visual alarm at a location that is continuously attended or monitored.

9.44.   The SSP should establish the procedures and equipment needed at each security level and the means of ensuring that monitoring equipment will be able to perform continually, including consideration of the possible effects of weather conditions or of power disruptions.

Security level 1

9.45.   At security level 1, the SSP should establish the security measures to be applied, which may be a combination of lighting, watchkeepers, security guards or use of security and surveillance equipment to allow ship's security personnel to observe the ship in general, and barriers and restricted areas in particular.

9.46.   The ship's deck and access points to the ship should be illuminated during hours of darkness and periods of low visibility while conducting ship/port interface activities or at a port facility or anchorage when necessary. While under way, when necessary, ships should use the maximum lighting available consistent with safe navigation, having regard to the provisions of the International Regulations for the Prevention of Collisions at Sea in force. The following should be considered when establishing the appropriate level and location of lighting:

| 1. | the ship's personnel should be able to detect activities beyond the ship, on both the shore side and the water side; |
| --- | --- |

1.

the ship's personnel should be able to detect activities beyond the ship, on both the shore side and the water side;

| 2. | coverage should include the area on and around the ship; |
| --- | --- |

2.

coverage should include the area on and around the ship;

| 3. | coverage should facilitate personnel identification at access points; and |
| --- | --- |

3.

coverage should facilitate personnel identification at access points; and

| 4. | coverage may be provided through coordination with the port facility. |
| --- | --- |

4.

coverage may be provided through coordination with the port facility.

Security level 2

9.47.   At security level 2, the SSP should establish the additional security measures to be applied to enhance the monitoring and surveillance capabilities, which may include:

| 1. | increasing the frequency and detail of security patrols; |
| --- | --- |

1.

increasing the frequency and detail of security patrols;

| 2. | increasing the coverage and intensity of lighting or the use of security and surveillance equipment; |
| --- | --- |

2.

increasing the coverage and intensity of lighting or the use of security and surveillance equipment;

| 3. | assigning additional personnel as security look-outs; and |
| --- | --- |

3.

assigning additional personnel as security look-outs; and

| 4. | ensuring coordination with water-side boat patrols, and foot or vehicle patrols on the shore side, when provided. |
| --- | --- |

4.

ensuring coordination with water-side boat patrols, and foot or vehicle patrols on the shore side, when provided.

9.48.   Additional lighting may be necessary to protect against a heightened risk of a security incident. When necessary, the additional lighting requirements may be accomplished by coordinating with the port facility to provide additional shoreside lighting.

Security level 3

9.49.   At security level 3, the ship should comply with the instructions issued by those responding to the security incident or threat thereof. The SSP should detail the security measures which could be taken by the ship, in close cooperation with those responding and the port facility, which may include:

| 1. | switching on of all lighting on, or illuminating the vicinity of, the ship; |
| --- | --- |

1.

switching on of all lighting on, or illuminating the vicinity of, the ship;

| 2. | switching on of all on-board surveillance equipment capable of recording activities on, or in the vicinity of, the ship; |
| --- | --- |

2.

switching on of all on-board surveillance equipment capable of recording activities on, or in the vicinity of, the ship;

| 3. | maximising the length of time such surveillance equipment can continue to record; |
| --- | --- |

3.

maximising the length of time such surveillance equipment can continue to record;

| 4. | preparation for underwater inspection of the hull of the ship; and |
| --- | --- |

4.

preparation for underwater inspection of the hull of the ship; and

| 5. | initiation of measures, including the slow revolution of the ship's propellers, if practicable, to deter underwater access to the hull of the ship. |
| --- | --- |

5.

initiation of measures, including the slow revolution of the ship's propellers, if practicable, to deter underwater access to the hull of the ship.

Differing security levels

9.50.   The SSP should establish details of the procedures and security measures the ship could adopt if the ship is at a higher security level than that applying to a port facility.

Activities not covered by the Code

9.51.   The SSP should establish details of the procedures and security measures the ship should apply when:

| 1. | it is at a port of a State which is not a Contracting Government; |
| --- | --- |

1.

it is at a port of a State which is not a Contracting Government;

| 2. | it is interfacing with a ship to which this Code does not apply; |
| --- | --- |

2.

it is interfacing with a ship to which this Code does not apply;

| 3. | it is interfacing with fixed or floating platforms or a mobile drilling unit on location; or |
| --- | --- |

3.

it is interfacing with fixed or floating platforms or a mobile drilling unit on location; or

| 4. | it is interfacing with a port or port facility which is not required to comply with chapter XI-2 and part A of this Code. |
| --- | --- |

4.

it is interfacing with a port or port facility which is not required to comply with chapter XI-2 and part A of this Code.

Declarations of Security

9.52.   The SSP should detail how requests for Declarations of Security from a port facility will be handled and the circumstances under which the ship itself should request a DoS.

Audit and review

9.53.   The SSP should establish how the CSO and the SSO intend to audit the continued effectiveness of the SSP and the procedure to be followed to review, update or amend the SSP.

10.   RECORDS

General

10.1.   Records should be available to duly authorised officers of Contracting Governments to verify that the provisions of ship security plans are being implemented.

10.2.   Records may be kept in any format but should be protected from unauthorised access or disclosure.

11.   COMPANY SECURITY OFFICER

Relevant guidance is provided under sections 8, 9 and 13.

12.   SHIP SECURITY OFFICER

Relevant guidance is provided under sections 8, 9 and 13.

13.   TRAINING, DRILLS AND EXERCISES ON SHIP SECURITY

Training

13.1.   The company security officer (CSO) and appropriate shore-based Company personnel, and the ship security officer (SSO), should have knowledge of, and receive training, in some or all of the following, as appropriate:

| 1. | security administration; |
| --- | --- |

1.

security administration;

| 2. | relevant international conventions, codes and recommendations; |
| --- | --- |

2.

relevant international conventions, codes and recommendations;

| 3. | relevant Government legislation and regulations; |
| --- | --- |

3.

relevant Government legislation and regulations;

| 4. | responsibilities and functions of other security organisations; |
| --- | --- |

4.

responsibilities and functions of other security organisations;

| 5. | methodology of ship security assessment; |
| --- | --- |

5.

methodology of ship security assessment;

| 6. | methods of ship security surveys and inspections; |
| --- | --- |

6.

methods of ship security surveys and inspections;

| 7. | ship and port operations and conditions; |
| --- | --- |

7.

ship and port operations and conditions;

| 8. | ship and port facility security measures; |
| --- | --- |

8.

ship and port facility security measures;

| 9. | emergency preparedness and response and contingency planning; |
| --- | --- |

9.

emergency preparedness and response and contingency planning;

| 10. | instruction techniques for security training and education, including security measures and procedures; |
| --- | --- |

10.

instruction techniques for security training and education, including security measures and procedures;

| 11. | handling sensitive security-related information and security-related communications; |
| --- | --- |

11.

handling sensitive security-related information and security-related communications;

| 12. | knowledge of current security threats and patterns; |
| --- | --- |

12.

knowledge of current security threats and patterns;

| 13. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

13.

recognition and detection of weapons, dangerous substances and devices;

| 14. | recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security; |
| --- | --- |

14.

recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security;

| 15. | techniques used to circumvent security measures; |
| --- | --- |

15.

techniques used to circumvent security measures;

| 16. | security equipment and systems and their operational limitations; |
| --- | --- |

16.

security equipment and systems and their operational limitations;

| 17. | methods of conducting audits, inspection, control and monitoring; |
| --- | --- |

17.

methods of conducting audits, inspection, control and monitoring;

| 18. | methods of physical searches and non-intrusive inspections; |
| --- | --- |

18.

methods of physical searches and non-intrusive inspections;

| 19. | security drills and exercises, including drills and exercises with port facilities; and |
| --- | --- |

19.

security drills and exercises, including drills and exercises with port facilities; and

| 20. | assessment of security drills and exercises. |
| --- | --- |

20.

assessment of security drills and exercises.

13.2.   In addition, the SSO should have adequate knowledge of, and receive training in, some or all of the following, as appropriate:

| 1. | the layout of the ship; |
| --- | --- |

1.

the layout of the ship;

| 2. | the ship security plan and related procedures (including scenario-based training on how to respond); |
| --- | --- |

2.

the ship security plan and related procedures (including scenario-based training on how to respond);

| 3. | crowd management and control techniques; |
| --- | --- |

3.

crowd management and control techniques;

| 4. | operations of security equipment and systems; and |
| --- | --- |

4.

operations of security equipment and systems; and

| 5. | testing, calibration and at-sea maintenance of security equipment and systems. |
| --- | --- |

5.

testing, calibration and at-sea maintenance of security equipment and systems.

13.3.   Shipboard personnel having specific security duties should have sufficient knowledge and ability to perform their assigned duties, including, as appropriate:

| 1. | knowledge of current security threats and patterns; |
| --- | --- |

1.

knowledge of current security threats and patterns;

| 2. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

2.

recognition and detection of weapons, dangerous substances and devices;

| 3. | recognition of characteristics and behavioural patterns of persons who are likely to threaten security; |
| --- | --- |

3.

recognition of characteristics and behavioural patterns of persons who are likely to threaten security;

| 4. | techniques used to circumvent security measures; |
| --- | --- |

4.

techniques used to circumvent security measures;

| 5. | crowd management and control techniques; |
| --- | --- |

5.

crowd management and control techniques;

| 6. | security-related communications; |
| --- | --- |

6.

security-related communications;

| 7. | knowledge of the emergency procedures and contingency plans; |
| --- | --- |

7.

knowledge of the emergency procedures and contingency plans;

| 8. | operations of security equipment and systems; |
| --- | --- |

8.

operations of security equipment and systems;

| 9. | testing, calibration and at-sea maintenance of security equipment and systems; |
| --- | --- |

9.

testing, calibration and at-sea maintenance of security equipment and systems;

| 10. | inspection, control, and monitoring techniques; and |
| --- | --- |

10.

inspection, control, and monitoring techniques; and

| 11. | methods of physical searches of persons, personal effects, baggage, cargo, and ship's stores. |
| --- | --- |

11.

methods of physical searches of persons, personal effects, baggage, cargo, and ship's stores.

13.4.   All other shipboard personnel should have sufficient knowledge of and be familiar with relevant provisions of the ship security plan (SSP), including:

| 1. | the meaning and the consequential requirements of the different security levels; |
| --- | --- |

1.

the meaning and the consequential requirements of the different security levels;

| 2. | knowledge of the emergency procedures and contingency plans; |
| --- | --- |

2.

knowledge of the emergency procedures and contingency plans;

| 3. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

3.

recognition and detection of weapons, dangerous substances and devices;

| 4. | recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security; and |
| --- | --- |

4.

recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security; and

| 5. | techniques used to circumvent security measures. |
| --- | --- |

5.

techniques used to circumvent security measures.

Drills and exercises

13.5.   The objective of drills and exercises is to ensure that shipboard personnel are proficient in all assigned security duties at all security levels and the identification of any security-related deficiencies which need to be addressed.

13.6.   To ensure the effective implementation of the provisions of the ship security plan, drills should be conducted at least once every three months. In addition, in cases where more than 25 percent of the ship's personnel has been changed, at any one time, with personnel that has not previously participated in any drill on that ship within the last 3 months, a drill should be conducted within one week of the change. These drills should test individual elements of the plan such as those security threats listed in paragraph 8.9.

13.7.   Various types of exercises, which may include participation of company security officers, port facility security officers, relevant authorities of Contracting Governments as well as ship security officers, if available, should be carried out at least once each calendar year with no more than 18 months between the exercises. These exercises should test communications, coordination, resource availability, and response. These exercises may be:

| 1. | full-scale or live; |
| --- | --- |

1.

full-scale or live;

| 2. | tabletop simulation or seminar; or |
| --- | --- |

2.

tabletop simulation or seminar; or

| 3. | combined with other exercises held, such as search and rescue or emergency response exercises. |
| --- | --- |

3.

combined with other exercises held, such as search and rescue or emergency response exercises.

13.8.   Company participation in an exercise with another Contracting Government should be recognised by the Administration.

14.   PORT FACILITY SECURITY

Relevant guidance is provided under sections 15, 16 and 18.

15.   PORT FACILITY SECURITY ASSESSMENT

General

15.1.   The port facility security assessment (PFSA) may be conducted by a recognised security organisation (RSO). However, approval of a completed PFSA should only be given by the relevant Contracting Government.

15.2.   If a Contracting Government uses a RSO to review or verify compliance of the PFSA, the RSO should not be associated with any other RSO that prepared or assisted in the preparation of that assessment.

15.3.   A PFSA should address the following elements within a port facility:

| 1. | physical security; |
| --- | --- |

1.

physical security;

| 2. | structural integrity; |
| --- | --- |

2.

structural integrity;

| 3. | personnel protection systems; |
| --- | --- |

3.

personnel protection systems;

| 4. | procedural policies; |
| --- | --- |

4.

procedural policies;

| 5. | radio and telecommunication systems, including computer systems and networks; |
| --- | --- |

5.

radio and telecommunication systems, including computer systems and networks;

| 6. | relevant transportation infrastructure; |
| --- | --- |

6.

relevant transportation infrastructure;

| 7. | utilities; and |
| --- | --- |

7.

utilities; and

| 8. | other areas that may, if damaged or used for illicit observation, pose a risk to persons, property, or operations within the port facility. |
| --- | --- |

8.

other areas that may, if damaged or used for illicit observation, pose a risk to persons, property, or operations within the port facility.

15.4.   Those involved in a PFSA should be able to draw upon expert assistance in relation to:

| 1. | knowledge of current security threats and patterns; |
| --- | --- |

1.

knowledge of current security threats and patterns;

| 2. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

2.

recognition and detection of weapons, dangerous substances and devices;

| 3. | recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security; |
| --- | --- |

3.

recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten security;

| 4. | techniques used to circumvent security measures; |
| --- | --- |

4.

techniques used to circumvent security measures;

| 5. | methods used to cause a security incident; |
| --- | --- |

5.

methods used to cause a security incident;

| 6. | effects of explosives on structures and port facility services; |
| --- | --- |

6.

effects of explosives on structures and port facility services;

| 7. | port facility security; |
| --- | --- |

7.

port facility security;

| 8. | port business practices; |
| --- | --- |

8.

port business practices;

| 9. | contingency planning, emergency preparedness and response; |
| --- | --- |

9.

contingency planning, emergency preparedness and response;

| 10. | physical security measures, e.g. fences; |
| --- | --- |

10.

physical security measures, e.g. fences;

| 11. | radio and telecommunications systems, including computer systems and networks; |
| --- | --- |

11.

radio and telecommunications systems, including computer systems and networks;

| 12. | transport and civil engineering; and |
| --- | --- |

12.

transport and civil engineering; and

| 13. | ship and port operations. |
| --- | --- |

13.

ship and port operations.

Identification and evaluation of important assets and infrastructure it is important to protect

15.5.   The identification and evaluation of important assets and infrastructure is a process through which the relative importance of structures and installations to the functioning of the port facility can be established. This identification and evaluation process is important because it provides a basis for focusing mitigation strategies on those assets and structures which it is more important to protect from a security incident. This process should take into account potential loss of life, the economic significance of the port, symbolic value, and the presence of Government installations.

15.6.   Identification and evaluation of assets and infrastructure should be used to prioritise their relative importance for protection. The primary concern should be avoidance of death or injury. It is also important to consider whether the port facility, structure or installation can continue to function without the asset, and the extent to which rapid re-establishment of normal functioning is possible.

15.7.   Assets and infrastructure that should be considered important to protect may include:

| 1. | accesses, entrances, approaches, and anchorages, manoeuvring and berthing areas; |
| --- | --- |

1.

accesses, entrances, approaches, and anchorages, manoeuvring and berthing areas;

| 2. | cargo facilities, terminals, storage areas, and cargo handling equipment; |
| --- | --- |

2.

cargo facilities, terminals, storage areas, and cargo handling equipment;

| 3. | systems such as electrical distribution systems, radio and telecommunication systems and computer systems and networks; |
| --- | --- |

3.

systems such as electrical distribution systems, radio and telecommunication systems and computer systems and networks;

| 4. | port vessel traffic management systems and aids to navigation; |
| --- | --- |

4.

port vessel traffic management systems and aids to navigation;

| 5. | power plants, cargo transfer piping, and water supplies; |
| --- | --- |

5.

power plants, cargo transfer piping, and water supplies;

| 6. | bridges, railways, roads; |
| --- | --- |

6.

bridges, railways, roads;

| 7. | port service vessels, including pilot boats, tugs, lighters, etc.; |
| --- | --- |

7.

port service vessels, including pilot boats, tugs, lighters, etc.;

| 8. | security and surveillance equipment and systems; and |
| --- | --- |

8.

security and surveillance equipment and systems; and

| 9. | the waters adjacent to the port facility. |
| --- | --- |

9.

the waters adjacent to the port facility.

15.8.   The clear identification of assets and infrastructure is essential to the evaluation of the port facility's security requirements, the prioritisation of protective measures, and decisions concerning the allocation of resources to better protect the port facility.

The process may involve consultation with the relevant authorities relating to structures adjacent to the port facility which could cause damage within the facility or be used for the purpose of causing damage to the facility or for illicit observation of the facility or for diverting attention.

Identification of the possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritise security measures

15.9.   Possible acts that could threaten the security of assets and infrastructure, and the methods of carrying out those acts, should be identified to evaluate the vulnerability of a given asset or location to a security incident, and to establish and prioritise security requirements to enable planning and resource allocations. Identification and evaluation of each potential act and its method should be based on various factors, including threat assessments by Government agencies. By identifying and assessing threats, those conducting the assessment do not have to rely on worst-case scenarios to guide planning and resource allocations.

15.10.   The PFSA should include an assessment undertaken in consultation with the relevant national security organisations to determine:

| 1. | any particular aspects of the port facility, including the vessel traffic using the facility, which make it likely to be the target of an attack; |
| --- | --- |

1.

any particular aspects of the port facility, including the vessel traffic using the facility, which make it likely to be the target of an attack;

| 2. | the likely consequences in terms of loss of life, damage to property and economic disruption, including disruption to transport systems, of an attack on, or at, the port facility; |
| --- | --- |

2.

the likely consequences in terms of loss of life, damage to property and economic disruption, including disruption to transport systems, of an attack on, or at, the port facility;

| 3. | the capability and intent of those likely to mount such an attack; and |
| --- | --- |

3.

the capability and intent of those likely to mount such an attack; and

| 4. | the possible type, or types, of attack, |
| --- | --- |

4.

the possible type, or types, of attack,

producing an overall assessment of the level of risk against which security measures have to be developed.

15.11.   The PFSA should consider all possible threats, which may include the following types of security incidents:

| 1. | damage to, or destruction of, the port facility or of the ship, e.g. by explosive devices, arson, sabotage or vandalism; |
| --- | --- |

1.

damage to, or destruction of, the port facility or of the ship, e.g. by explosive devices, arson, sabotage or vandalism;

| 2. | hijacking or seizure of the ship or of persons on board; |
| --- | --- |

2.

hijacking or seizure of the ship or of persons on board;

| 3. | tampering with cargo, essential ship equipment or systems or ship's stores; |
| --- | --- |

3.

tampering with cargo, essential ship equipment or systems or ship's stores;

| 4. | unauthorised access or use, including presence of stowaways; |
| --- | --- |

4.

unauthorised access or use, including presence of stowaways;

| 5. | smuggling weapons or equipment, including weapons of mass destruction; |
| --- | --- |

5.

smuggling weapons or equipment, including weapons of mass destruction;

| 6. | use of the ship to carry those intending to cause a security incident and their equipment; |
| --- | --- |

6.

use of the ship to carry those intending to cause a security incident and their equipment;

| 7. | use of the ship itself as a weapon or as a means to cause damage or destruction; |
| --- | --- |

7.

use of the ship itself as a weapon or as a means to cause damage or destruction;

| 8. | blockage of port entrances, locks, approaches, etc.; and |
| --- | --- |

8.

blockage of port entrances, locks, approaches, etc.; and

| 9. | nuclear, biological and chemical attack. |
| --- | --- |

9.

nuclear, biological and chemical attack.

15.12.   The process should involve consultation with the relevant authorities relating to structures adjacent to the port facility which could cause damage within the facility or be used for the purpose of causing damage to the facility or for illicit observation of the facility or for diverting attention.

Identification, selection, and prioritisation of countermeasures and procedural changes and their level of effectiveness in reducing vulnerability

15.13.   The identification and prioritisation of countermeasures is designed to ensure that the most effective security measures are employed to reduce the vulnerability of a port facility or ship/port interface to the possible threats.

15.14.   Security measures should be selected on the basis of factors such as whether they reduce the probability of an attack and should be evaluated using information that includes:

| 1. | security surveys, inspections and audits; |
| --- | --- |

1.

security surveys, inspections and audits;

| 2. | consultation with port facility owners and operators, and owners/operators of adjacent structures if appropriate; |
| --- | --- |

2.

consultation with port facility owners and operators, and owners/operators of adjacent structures if appropriate;

| 3. | historical information on security incidents; and |
| --- | --- |

3.

historical information on security incidents; and

| 4. | operations within the port facility. |
| --- | --- |

4.

operations within the port facility.

Identification of vulnerabilities

15.15.   Identification of vulnerabilities in physical structures, personnel protection systems, processes, or other areas that may lead to a security incident can be used to establish options to eliminate or mitigate those vulnerabilities. For example, an analysis might reveal vulnerabilities in a port facility's security systems or unprotected infrastructure such as water supplies, bridges, etc., that could be resolved through physical measures, e.g. permanent barriers, alarms, surveillance equipment, etc.

15.16.   Identification of vulnerabilities should include consideration of:

| 1. | water-side and shore-side access to the port facility and ships berthing at the facility; |
| --- | --- |

1.

water-side and shore-side access to the port facility and ships berthing at the facility;

| 2. | structural integrity of the piers, facilities, and associated structures; |
| --- | --- |

2.

structural integrity of the piers, facilities, and associated structures;

| 3. | existing security measures and procedures, including identification systems; |
| --- | --- |

3.

existing security measures and procedures, including identification systems;

| 4. | existing security measures and procedures relating to port services and utilities; |
| --- | --- |

4.

existing security measures and procedures relating to port services and utilities;

| 5. | measures to protect radio and telecommunication equipment, port services and utilities, including computer systems and networks; |
| --- | --- |

5.

measures to protect radio and telecommunication equipment, port services and utilities, including computer systems and networks;

| 6. | adjacent areas that may be exploited during, or for, an attack; |
| --- | --- |

6.

adjacent areas that may be exploited during, or for, an attack;

| 7. | existing agreements with private security companies providing water-side/shore-side security services; |
| --- | --- |

7.

existing agreements with private security companies providing water-side/shore-side security services;

| 8. | any conflicting policies between safety and security measures and procedures; |
| --- | --- |

8.

any conflicting policies between safety and security measures and procedures;

| 9. | any conflicting port facility and security duty assignments; |
| --- | --- |

9.

any conflicting port facility and security duty assignments;

| 10. | any enforcement and personnel constraints; |
| --- | --- |

10.

any enforcement and personnel constraints;

| 11. | any deficiencies identified during training and drills; and |
| --- | --- |

11.

any deficiencies identified during training and drills; and

| 12. | any deficiencies identified during daily operation, following incidents or alerts, the report of security concerns, the exercise of control measures, audits, etc. |
| --- | --- |

12.

any deficiencies identified during daily operation, following incidents or alerts, the report of security concerns, the exercise of control measures, audits, etc.

16.   PORT FACILITY SECURITY PLAN

General

16.1.   Preparation of the port facility security plan (PFSP) is the responsibility of the port facility security officer (PFSO). While the PFSO need not necessarily personally undertake all the duties associated with the post, the ultimate responsibility for ensuring that they are properly performed remains with the individual PFSO.

16.2.   The content of each individual PFSP should vary depending on the particular circumstances of the port facility, or facilities, it covers. The port facility security assessment (PFSA) will have identified the particular features of the port facility, and of the potential security risks, that have led to the need to appoint a PFSO and to prepare a PFSP. The preparation of the PFSP will require these features, and other local or national security considerations, to be addressed in the PFSP and for appropriate security measures to be established so as to minimise the likelihood of a breach of security and the consequences of potential risks. Contracting Governments may prepare advice on the preparation and content of a PFSP.

16.3.   All PFSPs should:

| 1. | detail the security organisation of the port facility; |
| --- | --- |

1.

detail the security organisation of the port facility;

| 2. | detail the organisation's links with other relevant authorities and the necessary communication systems to allow the effective continuous operation of the organisation and its links with others, including ships in port; |
| --- | --- |

2.

detail the organisation's links with other relevant authorities and the necessary communication systems to allow the effective continuous operation of the organisation and its links with others, including ships in port;

| 3. | detail the basic security level 1 measures, both operational and physical, that will be in place; |
| --- | --- |

3.

detail the basic security level 1 measures, both operational and physical, that will be in place;

| 4. | detail the additional security measures that will allow the port facility to progress without delay to security level 2 and, when necessary, to security level 3; |
| --- | --- |

4.

detail the additional security measures that will allow the port facility to progress without delay to security level 2 and, when necessary, to security level 3;

| 5. | provide for regular review, or audit, of the PFSP and for its amendment in response to experience or changing circumstances; and |
| --- | --- |

5.

provide for regular review, or audit, of the PFSP and for its amendment in response to experience or changing circumstances; and

| 6. | detail reporting procedures to the appropriate Contracting Government's contact points. |
| --- | --- |

6.

detail reporting procedures to the appropriate Contracting Government's contact points.

16.4.   Preparation of an effective PFSP will rest on a thorough assessment of all issues that relate to the security of the port facility, including, in particular, a thorough appreciation of the physical and operational characteristics of the individual port facility.

16.5.   Contracting Governments should approve the PFSPs of the port facilities under their jurisdiction. Contracting Governments should develop procedures to assess the continuing effectiveness of each PFSP and may require amendment of the PFSP prior to its initial approval or subsequent to its approval. The PFSP should make provision for the retention of records of security incidents and threats, reviews, audits, training, drills and exercises as evidence of compliance with those requirements.

16.6.   The security measures included in the PFSP should be in place within a reasonable period of the PFSP's approval and the PFSP should establish when each measure will be in place. If there is likely to be any delay in their provision, this should be discussed with the Contracting Government responsible for approval of the PFSP and satisfactory alternative temporary security measures that provide an equivalent level of security should be agreed to cover any interim period.

16.7.   The use of firearms on or near ships and in port facilities may pose particular and significant safety risks, in particular in connection with certain dangerous or hazardous substances, and should be considered very carefully. In the event that a Contracting Government decides that it is necessary to use armed personnel in these areas, that Contracting Government should ensure that these personnel are duly authorised and trained in the use of their weapons and that they are aware of the specific risks to safety that are present in these areas. If a Contracting Government authorises the use of firearms they should issue specific safety guidelines on their use. The PFSP should contain specific guidance on this matter, in particular with regard its application to ships carrying dangerous goods or hazardous substances.

Organisation and performance of port facility security duties

16.8.   In addition to the guidance given under paragraph 16.3, the PFSP should establish the following, which relate to all security levels:

| 1. | the role and structure of the port facility security organisation; |
| --- | --- |

1.

the role and structure of the port facility security organisation;

| 2. | the duties, responsibilities and training requirements of all port facility personnel with a security role and the performance measures needed to allow their individual effectiveness to be assessed; |
| --- | --- |

2.

the duties, responsibilities and training requirements of all port facility personnel with a security role and the performance measures needed to allow their individual effectiveness to be assessed;

| 3. | the port facility security organisation's links with other national or local authorities with security responsibilities; |
| --- | --- |

3.

the port facility security organisation's links with other national or local authorities with security responsibilities;

| 4. | the communication systems provided to allow effective and continuous communication between port facility security personnel, ships in port and, when appropriate, with national or local authorities with security responsibilities; |
| --- | --- |

4.

the communication systems provided to allow effective and continuous communication between port facility security personnel, ships in port and, when appropriate, with national or local authorities with security responsibilities;

| 5. | the procedures or safeguards necessary to allow such continuous communications to be maintained at all times; |
| --- | --- |

5.

the procedures or safeguards necessary to allow such continuous communications to be maintained at all times;

| 6. | the procedures and practices to protect security-sensitive information held in paper or electronic format; |
| --- | --- |

6.

the procedures and practices to protect security-sensitive information held in paper or electronic format;

| 7. | the procedures to assess the continuing effectiveness of security measures, procedures and equipment, including identification of, and response to, equipment failure or malfunction; |
| --- | --- |

7.

the procedures to assess the continuing effectiveness of security measures, procedures and equipment, including identification of, and response to, equipment failure or malfunction;

| 8. | the procedures to allow the submission, and assessment, of reports relating to possible breaches of security or security concerns; |
| --- | --- |

8.

the procedures to allow the submission, and assessment, of reports relating to possible breaches of security or security concerns;

| 9. | procedures relating to cargo handling; |
| --- | --- |

9.

procedures relating to cargo handling;

| 10. | procedures covering the delivery of ship's stores; |
| --- | --- |

10.

procedures covering the delivery of ship's stores;

| 11. | the procedures to maintain, and update, records of dangerous goods and hazardous substances and their location within the port facility; |
| --- | --- |

11.

the procedures to maintain, and update, records of dangerous goods and hazardous substances and their location within the port facility;

| 12. | the means of alerting and obtaining the services of waterside patrols and specialist search teams, including bomb searches and underwater searches; |
| --- | --- |

12.

the means of alerting and obtaining the services of waterside patrols and specialist search teams, including bomb searches and underwater searches;

| 13. | the procedures for assisting ship security officers in confirming the identity of those seeking to board the ship when requested; and |
| --- | --- |

13.

the procedures for assisting ship security officers in confirming the identity of those seeking to board the ship when requested; and

| 14. | the procedures for facilitating shore leave for ship's personnel or personnel changes, as well as access of visitors to the ship, including representatives of seafarers' welfare and labour organisations. |
| --- | --- |

14.

the procedures for facilitating shore leave for ship's personnel or personnel changes, as well as access of visitors to the ship, including representatives of seafarers' welfare and labour organisations.

16.9.   The remainder of section 16 addresses specifically the security measures that could be taken at each security level covering:

| 1. | access to the port facility; |
| --- | --- |

1.

access to the port facility;

| 2. | restricted areas within the port facility; |
| --- | --- |

2.

restricted areas within the port facility;

| 3. | handling of cargo; |
| --- | --- |

3.

handling of cargo;

| 4. | delivery of ship's stores; |
| --- | --- |

4.

delivery of ship's stores;

| 5. | handling unaccompanied baggage; and |
| --- | --- |

5.

handling unaccompanied baggage; and

| 6. | monitoring the security of the port facility. |
| --- | --- |

6.

monitoring the security of the port facility.

Access to the port facility

16.10.   The PFSP should establish the security measures covering all means of access to the port facility identified in the PFSA.

16.11.   For each of these the PFSP should identify the appropriate locations where access restrictions or prohibitions should be applied for each of the security levels. For each security level the PFSP should specify the type of restriction or prohibition to be applied and the means of enforcing them.

16.12.   The PFSP should establish for each security level the means of identification required to allow access to the port facility and for individuals to remain within the port facility without challenge. This may involve developing an appropriate identification system, allowing for permanent and temporary identifications, for port facility personnel and for visitors respectively. Any port facility identification system should, when it is practicable to do so, be coordinated with that applying to ships that regularly use the port facility. Passengers should be able to prove their identity by boarding passes, tickets, etc., but should not be permitted access to restricted areas unless supervised. The PFSP should establish provisions to ensure that the identification systems are regularly updated, and that abuse of procedures should be subject to disciplinary action.

16.13.   Those unwilling or unable to establish their identity and/or to confirm the purpose of their visit when requested to do so should be denied access to the port facility and their attempt to obtain access should be reported to the PFSO and to the national or local authorities with security responsibilities.

16.14.   The PFSP should identify the locations where persons, personal effects, and vehicle searches are to be undertaken. Such locations should be covered to facilitate continuous operation, regardless of prevailing weather conditions, in accordance with the frequency laid down in the PFSP. Once subjected to search, persons, personal effects and vehicles should proceed directly to the restricted holding, embarkation or car loading areas.

16.15.   The PFSP should establish separate locations for checked and unchecked persons and their effects and if possible separate areas for embarking/disembarking passengers, ship's personnel and their effects to ensure that unchecked persons are not able to come in contact with checked persons.

16.16.   The PFSP should establish the frequency of application of any access controls, particularly if they are to be applied on a random, or occasional, basis.

Security level 1

16.17.   At security level 1, the PFSP should establish the control points where the following security measures may be applied:

| 1. | restricted areas, which should be bounded by fencing or other barriers to a standard which should be approved by the Contracting Government; |
| --- | --- |

1.

restricted areas, which should be bounded by fencing or other barriers to a standard which should be approved by the Contracting Government;

| 2. | checking identity of all persons seeking entry to the port facility in connection with a ship, including passengers, ship's personnel and visitors, and confirming their reasons for doing so by checking, for example, joining instructions, passenger tickets, boarding passes, work orders, etc.; |
| --- | --- |

2.

checking identity of all persons seeking entry to the port facility in connection with a ship, including passengers, ship's personnel and visitors, and confirming their reasons for doing so by checking, for example, joining instructions, passenger tickets, boarding passes, work orders, etc.;

| 3. | checking vehicles used by those seeking entry to the port facility in connection with a ship; |
| --- | --- |

3.

checking vehicles used by those seeking entry to the port facility in connection with a ship;

| 4. | verification of the identity of port facility personnel and those employed within the port facility and their vehicles; |
| --- | --- |

4.

verification of the identity of port facility personnel and those employed within the port facility and their vehicles;

| 5. | restricting access to exclude those not employed by the port facility or working within it, if they are unable to establish their identity; |
| --- | --- |

5.

restricting access to exclude those not employed by the port facility or working within it, if they are unable to establish their identity;

| 6. | undertaking searches of persons, personal effects, vehicles and their contents; and |
| --- | --- |

6.

undertaking searches of persons, personal effects, vehicles and their contents; and

| 7. | identification of any access points not in regular use, which should be permanently closed and locked. |
| --- | --- |

7.

identification of any access points not in regular use, which should be permanently closed and locked.

16.18.   At security level 1, all those seeking access to the port facility should be liable to search. The frequency of such searches, including random searches, should be specified in the approved PFSP and should be specifically approved by the Contracting Government. Unless there are clear security grounds for doing so, members of the ship's personnel should not be required to search their colleagues or their personal effects. Any such search shall be undertaken in a manner which fully takes into account the human rights of the individual and preserves their basic human dignity.

Security level 2

16.19.   At security level 2, the PFSP should establish the additional security measures to be applied, which may include:

| 1. | assigning additional personnel to guard access points and patrol perimeter barriers; |
| --- | --- |

1.

assigning additional personnel to guard access points and patrol perimeter barriers;

| 2. | limiting the number of access points to the port facility, and identifying those to be closed and the means of adequately securing them; |
| --- | --- |

2.

limiting the number of access points to the port facility, and identifying those to be closed and the means of adequately securing them;

| 3. | providing for means of impeding movement through the remaining access points, e.g. security barriers; |
| --- | --- |

3.

providing for means of impeding movement through the remaining access points, e.g. security barriers;

| 4. | increasing the frequency of searches of persons, personal effects, and vehicles; |
| --- | --- |

4.

increasing the frequency of searches of persons, personal effects, and vehicles;

| 5. | denying access to visitors who are unable to provide a verifiable justification for seeking access to the port facility; and |
| --- | --- |

5.

denying access to visitors who are unable to provide a verifiable justification for seeking access to the port facility; and

| 6. | using patrol vessels to enhance water-side security. |
| --- | --- |

6.

using patrol vessels to enhance water-side security.

Security level 3

16.20.   At security level 3, the port facility should comply with instructions issued by those responding to the security incident or threat thereof. The PFSP should detail the security measures which could be taken by the port facility, in close cooperation with those responding and the ships at the port facility, which may include:

| 1. | suspension of access to all, or part, of the port facility; |
| --- | --- |

1.

suspension of access to all, or part, of the port facility;

| 2. | granting access only to those responding to the security incident or threat thereof; |
| --- | --- |

2.

granting access only to those responding to the security incident or threat thereof;

| 3. | suspension of pedestrian or vehicular movement within all, or part, of the port facility; |
| --- | --- |

3.

suspension of pedestrian or vehicular movement within all, or part, of the port facility;

| 4. | increased security patrols within the port facility, if appropriate; |
| --- | --- |

4.

increased security patrols within the port facility, if appropriate;

| 5. | suspension of port operations within all, or part, of the port facility; |
| --- | --- |

5.

suspension of port operations within all, or part, of the port facility;

| 6. | direction of vessel movements relating to all, or part, of the port facility; and |
| --- | --- |

6.

direction of vessel movements relating to all, or part, of the port facility; and

| 7. | evacuation of all, or part, of the port facility. |
| --- | --- |

7.

evacuation of all, or part, of the port facility.

Restricted areas within the port facility

16.21.   The PFSP should identify the restricted areas to be established within the port facility and specify their extent, times of application, the security measures to be taken to control access to them and those to be taken to control activities within them. This should also include, in appropriate circumstances, measures to ensure that temporary restricted areas are security swept both before and after that area is established. The purpose of restricted areas is to:

| 1. | protect passengers, ship's personnel, port facility personnel and visitors, including those visiting in connection with a ship; |
| --- | --- |

1.

protect passengers, ship's personnel, port facility personnel and visitors, including those visiting in connection with a ship;

| 2. | protect the port facility; |
| --- | --- |

2.

protect the port facility;

| 3. | protect ships using, and serving, the port facility; |
| --- | --- |

3.

protect ships using, and serving, the port facility;

| 4. | protect security-sensitive locations and areas within the port facility; |
| --- | --- |

4.

protect security-sensitive locations and areas within the port facility;

| 5. | protect security and surveillance equipment and systems; and |
| --- | --- |

5.

protect security and surveillance equipment and systems; and

| 6. | protect cargo and ship's stores from tampering. |
| --- | --- |

6.

protect cargo and ship's stores from tampering.

16.22.   The PFSP should ensure that all restricted areas have clearly established security measures to control:

| 1. | access by individuals; |
| --- | --- |

1.

access by individuals;

| 2. | the entry, parking, loading and unloading of vehicles; |
| --- | --- |

2.

the entry, parking, loading and unloading of vehicles;

| 3. | movement and storage of cargo and ship's stores; and |
| --- | --- |

3.

movement and storage of cargo and ship's stores; and

| 4. | unaccompanied baggage or personal effects. |
| --- | --- |

4.

unaccompanied baggage or personal effects.

16.23.   The PFSP should provide that all restricted areas should be clearly marked, indicating that access to the area is restricted and that unauthorised presence within the area constitutes a breach of security.

16.24.   When automatic intrusion-detection devices are installed they should alert a control centre which can respond to the triggering of an alarm.

16.25.   Restricted areas may include:

| 1. | shore- and water-side areas immediately adjacent to the ship; |
| --- | --- |

1.

shore- and water-side areas immediately adjacent to the ship;

| 2. | embarkation and disembarkation areas, passenger and ship's personnel holding and processing areas, including search points; |
| --- | --- |

2.

embarkation and disembarkation areas, passenger and ship's personnel holding and processing areas, including search points;

| 3. | areas where loading, unloading or storage of cargo and stores is undertaken; |
| --- | --- |

3.

areas where loading, unloading or storage of cargo and stores is undertaken;

| 4. | locations where security-sensitive information, including cargo documentation, is held; |
| --- | --- |

4.

locations where security-sensitive information, including cargo documentation, is held;

| 5. | areas where dangerous goods and hazardous substances are held; |
| --- | --- |

5.

areas where dangerous goods and hazardous substances are held;

| 6. | vessel traffic management system control rooms, aids to navigation and port control buildings, including security and surveillance control rooms; |
| --- | --- |

6.

vessel traffic management system control rooms, aids to navigation and port control buildings, including security and surveillance control rooms;

| 7. | areas where security and surveillance equipment are stored or located; |
| --- | --- |

7.

areas where security and surveillance equipment are stored or located;

| 8. | essential electrical, radio and telecommunication, water and other utility installations; and |
| --- | --- |

8.

essential electrical, radio and telecommunication, water and other utility installations; and

| 9. | other locations in the port facility where access by vessels, vehicles and individuals should be restricted. |
| --- | --- |

9.

other locations in the port facility where access by vessels, vehicles and individuals should be restricted.

16.26.   The security measures may extend, with the agreement of the relevant authorities, to restrictions on unauthorised access to structures from which the port facility can be observed.

Security level 1

16.27.   At security level 1, the PFSP should establish the security measures to be applied to restricted areas, which may include:

| 1. | provision of permanent or temporary barriers to surround the restricted area, whose standard should be accepted by the Contracting Government; |
| --- | --- |

1.

provision of permanent or temporary barriers to surround the restricted area, whose standard should be accepted by the Contracting Government;

| 2. | provision of access points where access can be controlled by security guards when in operation and which can be effectively locked or barred when not in use; |
| --- | --- |

2.

provision of access points where access can be controlled by security guards when in operation and which can be effectively locked or barred when not in use;

| 3. | providing passes which must be displayed to identify individual's entitlement to be within the restricted area; |
| --- | --- |

3.

providing passes which must be displayed to identify individual's entitlement to be within the restricted area;

| 4. | clearly marking vehicles allowed access to restricted areas; |
| --- | --- |

4.

clearly marking vehicles allowed access to restricted areas;

| 5. | providing guards and patrols; |
| --- | --- |

5.

providing guards and patrols;

| 6. | providing automatic intrusion-detection devices, or surveillance equipment or systems to detect unauthorised access into, or movement within, restricted areas; and |
| --- | --- |

6.

providing automatic intrusion-detection devices, or surveillance equipment or systems to detect unauthorised access into, or movement within, restricted areas; and

| 7. | control of the movement of vessels in the vicinity of ships using the port facility. |
| --- | --- |

7.

control of the movement of vessels in the vicinity of ships using the port facility.

Security level 2

16.28.   At security level 2, the PFSP should establish the enhancement of the frequency and intensity of the monitoring of, and control of access to, restricted areas. The PFSP should establish the additional security measures, which may include:

| 1. | enhancing the effectiveness of the barriers or fencing surrounding restricted areas, including the use of patrols or automatic intrusion-detection devices; |
| --- | --- |

1.

enhancing the effectiveness of the barriers or fencing surrounding restricted areas, including the use of patrols or automatic intrusion-detection devices;

| 2. | reducing the number of access points to restricted areas and enhancing the controls applied at the remaining accesses; |
| --- | --- |

2.

reducing the number of access points to restricted areas and enhancing the controls applied at the remaining accesses;

| 3. | restrictions on parking adjacent to berthed ships; |
| --- | --- |

3.

restrictions on parking adjacent to berthed ships;

| 4. | further restricting access to the restricted areas and movements and storage within them; |
| --- | --- |

4.

further restricting access to the restricted areas and movements and storage within them;

| 5. | use of continuously monitored and recording surveillance equipment; |
| --- | --- |

5.

use of continuously monitored and recording surveillance equipment;

| 6. | enhancing the number and frequency of patrols, including water-side patrols, undertaken on the boundaries of the restricted areas and within the areas; |
| --- | --- |

6.

enhancing the number and frequency of patrols, including water-side patrols, undertaken on the boundaries of the restricted areas and within the areas;

| 7. | establishing and restricting access to areas adjacent to the restricted areas; and |
| --- | --- |

7.

establishing and restricting access to areas adjacent to the restricted areas; and

| 8. | enforcing restrictions on access by unauthorised craft to the waters adjacent to ships using the port facility. |
| --- | --- |

8.

enforcing restrictions on access by unauthorised craft to the waters adjacent to ships using the port facility.

Security level 3

16.29.   At security level 3, the port facility should comply with the instructions issued by those responding to the security incident or threat thereof. The PFSP should detail the security measures which could be taken by the port facility in close cooperation with those responding and the ships at the port facility, which may include:

| 1. | setting up of additional restricted areas within the port facility in proximity to the security incident, or the believed location of the security threat, to which access is denied; and |
| --- | --- |

1.

setting up of additional restricted areas within the port facility in proximity to the security incident, or the believed location of the security threat, to which access is denied; and

| 2. | preparing for the searching of restricted areas as part of a search of all, or part, of the port facility. |
| --- | --- |

2.

preparing for the searching of restricted areas as part of a search of all, or part, of the port facility.

Handling of cargo

16.30.   The security measures relating to cargo handling should:

| 1. | prevent tampering; and |
| --- | --- |

1.

prevent tampering; and

| 2. | prevent cargo that is not meant for carriage from being accepted and stored within the port facility. |
| --- | --- |

2.

prevent cargo that is not meant for carriage from being accepted and stored within the port facility.

16.31.   The security measures should include inventory control procedures at access points to the port facility. Once within the port facility, cargo should be capable of being identified as having been checked and accepted for loading onto a ship or for temporary storage in a restricted area while awaiting loading. It may be appropriate to restrict the entry of cargo to the port facility that does not have a confirmed date for loading.

Security level 1

16.32.   At security level 1, the PFSP should establish the security measures to be applied during cargo handling, which may include:

| 1. | routine checking of cargo, cargo transport units and cargo storage areas within the port facility prior to, and during, cargo handling operations; |
| --- | --- |

1.

routine checking of cargo, cargo transport units and cargo storage areas within the port facility prior to, and during, cargo handling operations;

| 2. | checks to ensure that cargo entering the port facility matches the delivery note or equivalent cargo documentation; |
| --- | --- |

2.

checks to ensure that cargo entering the port facility matches the delivery note or equivalent cargo documentation;

| 3. | searches of vehicles; and |
| --- | --- |

3.

searches of vehicles; and

| 4. | checking of seals and other methods used to prevent tampering upon entering the port facility and upon storage within the port facility. |
| --- | --- |

4.

checking of seals and other methods used to prevent tampering upon entering the port facility and upon storage within the port facility.

16.33.   Checking of cargo may be accomplished by some or all of the following means:

| 1. | visual and physical examination; and |
| --- | --- |

1.

visual and physical examination; and

| 2. | using scanning/detection equipment, mechanical devices, or dogs. |
| --- | --- |

2.

using scanning/detection equipment, mechanical devices, or dogs.

16.34   When there are regular or repeated cargo movements, the CSO or the SSO may, in consultation with the port facility, agree arrangements with shippers or others responsible for such cargo covering off-site checking, sealing, scheduling, supporting documentation, etc. Such arrangements should be communicated to and agreed with the PFSO concerned.

Security level 2

16.35.   At security level 2, the PFSP should establish the additional security measures to be applied during cargo handling to enhance control, which may include:

| 1. | detailed checking of cargo, cargo transport units and cargo storage areas within the port facility; |
| --- | --- |

1.

detailed checking of cargo, cargo transport units and cargo storage areas within the port facility;

| 2. | intensified checks, as appropriate, to ensure that only the documented cargo enters the port facility, is temporarily stored there and is then loaded onto the ship; |
| --- | --- |

2.

intensified checks, as appropriate, to ensure that only the documented cargo enters the port facility, is temporarily stored there and is then loaded onto the ship;

| 3. | intensified searches of vehicles; and |
| --- | --- |

3.

intensified searches of vehicles; and

| 4. | increased frequency and detail in checking of seals and other methods used to prevent tampering. |
| --- | --- |

4.

increased frequency and detail in checking of seals and other methods used to prevent tampering.

16.36.   Detailed checking of cargo may be accomplished by some or all of the following means:

| 1. | increasing the frequency and detail of checking of cargo, cargo transport units and cargo storage areas within the port facility (visual and physical examination); |
| --- | --- |

1.

increasing the frequency and detail of checking of cargo, cargo transport units and cargo storage areas within the port facility (visual and physical examination);

| 2. | increasing the frequency of the use of scanning/detection equipment, mechanical devices, or dogs; and |
| --- | --- |

2.

increasing the frequency of the use of scanning/detection equipment, mechanical devices, or dogs; and

| 3. | coordinating enhanced security measures with the shipper or other responsible party in addition to an established agreement and procedures. |
| --- | --- |

3.

coordinating enhanced security measures with the shipper or other responsible party in addition to an established agreement and procedures.

Security level 3

16.37.   At security level 3, the port facility should comply with the instructions issued by those responding to the security incident or threat thereof. The PFSP should detail the security measures which could be taken by the port facility in close cooperation with those responding and the ships at the port facility, which may include:

| 1. | restriction or suspension of cargo movements or operations within all, or part, of the port facility or specific ships; and |
| --- | --- |

1.

restriction or suspension of cargo movements or operations within all, or part, of the port facility or specific ships; and

| 2. | verifying the inventory of dangerous goods and hazardous substances held within the port facility and their location. |
| --- | --- |

2.

verifying the inventory of dangerous goods and hazardous substances held within the port facility and their location.

Delivery of ship's stores

16.38.   The security measures relating to the delivery of ship's stores should:

| 1. | ensure checking of ship's stores and package integrity; |
| --- | --- |

1.

ensure checking of ship's stores and package integrity;

| 2. | prevent ship's stores from being accepted without inspection; |
| --- | --- |

2.

prevent ship's stores from being accepted without inspection;

| 3. | prevent tampering; |
| --- | --- |

3.

prevent tampering;

| 4. | prevent ship's stores from being accepted unless ordered; |
| --- | --- |

4.

prevent ship's stores from being accepted unless ordered;

| 5. | ensure searching the delivery vehicle; and |
| --- | --- |

5.

ensure searching the delivery vehicle; and

| 6. | ensure escorting delivery vehicles within the port facility. |
| --- | --- |

6.

ensure escorting delivery vehicles within the port facility.

16.39.   For ships regularly using the port facility it may be appropriate to establish procedures involving the ship, its suppliers and the port facility covering notification and timing of deliveries and their documentation. There should always be some way of confirming that stores presented for delivery are accompanied by evidence that they have been ordered by the ship.

Security level 1

16.40.   At security level 1, the PFSP should establish the security measures to be applied to control the delivery of ship's stores, which may include:

| 1. | checking of ship's stores; |
| --- | --- |

1.

checking of ship's stores;

| 2. | advance notification as to composition of load, driver details and vehicle registration; and |
| --- | --- |

2.

advance notification as to composition of load, driver details and vehicle registration; and

| 3. | searching the delivery vehicle. |
| --- | --- |

3.

searching the delivery vehicle.

16.41.   Checking of ship's stores may be accomplished by some or all of the following means:

| 1. | visual and physical examination; and |
| --- | --- |

1.

visual and physical examination; and

| 2. | using scanning/detection equipment, mechanical devices or dogs. |
| --- | --- |

2.

using scanning/detection equipment, mechanical devices or dogs.

Security level 2

16.42.   At security level 2, the PFSP should establish the additional security measures to be applied to enhance the control of the delivery of ship's stores, which may include:

| 1. | detailed checking of ship's stores; |
| --- | --- |

1.

detailed checking of ship's stores;

| 2. | detailed searches of the delivery vehicles; |
| --- | --- |

2.

detailed searches of the delivery vehicles;

| 3. | coordination with ship personnel to check the order against the delivery note prior to entry to the port facility; and |
| --- | --- |

3.

coordination with ship personnel to check the order against the delivery note prior to entry to the port facility; and

| 4. | escorting the delivery vehicle within the port facility. |
| --- | --- |

4.

escorting the delivery vehicle within the port facility.

16.43.   Detailed checking of ship's stores may be accomplished by some or all of the following means:

| 1. | increasing the frequency and detail of searches of delivery vehicles; |
| --- | --- |

1.

increasing the frequency and detail of searches of delivery vehicles;

| 2. | increasing the use of scanning/detection equipment, mechanical devices, or dogs; and |
| --- | --- |

2.

increasing the use of scanning/detection equipment, mechanical devices, or dogs; and

| 3. | restricting, or prohibiting, entry of stores that will not leave the port facility within a specified period. |
| --- | --- |

3.

restricting, or prohibiting, entry of stores that will not leave the port facility within a specified period.

Security level 3

16.44.   At security level 3, the port facility should comply with the instructions issued by those responding to the security incident or threat thereof. The PFSP should detail the security measures which could be taken by the port facility, in close cooperation with those responding and the ships at the port facility, which may include preparation for restriction, or suspension, of the delivery of ship's stores within all, or part, of the port facility.

Handling unaccompanied baggage

16.45.   The PFSP should establish the security measures to be applied to ensure that unaccompanied baggage (i.e. any baggage, including personal effects, which is not with the passenger or member of ship's personnel at the point of inspection or search) is identified and subjected to appropriate screening, including searching, before is allowed in the port facility and, depending on the storage arrangements, before it is transferred between the port facility and the ship. It is not envisaged that such baggage will be subjected to screening by both the port facility and the ship, and in cases where both are suitably equipped, the responsibility for screening should rest with the port facility. Close cooperation with the ship is essential and steps should be taken to ensure that unaccompanied baggage is handled securely after screening.

Security level 1

16.46.   At security level 1, the PFSP should establish the security measures to be applied when handling unaccompanied baggage to ensure that unaccompanied baggage is screened or searched up to and including 100 percent, which may include use of x-ray screening.

Security level 2

16.47.   At security level 2, the PFSP should establish the additional security measures to be applied when handling unaccompanied baggage which should include 100 percent x-ray screening of all unaccompanied baggage.

Security level 3

16.48.   At security level 3, the port facility should comply with the instructions issued by those responding to the security incident or threat thereof. The PFSP should detail the security measures which could be taken by the port facility in close cooperation with those responding and the ships at the port facility, which may include:

| 1. | subjecting such baggage to more extensive screening, for example x-raying it from at least two different angles; |
| --- | --- |

1.

subjecting such baggage to more extensive screening, for example x-raying it from at least two different angles;

| 2. | preparations for restriction or suspension of handling of unaccompanied baggage; and |
| --- | --- |

2.

preparations for restriction or suspension of handling of unaccompanied baggage; and

| 3. | refusal to accept unaccompanied baggage into the port facility. |
| --- | --- |

3.

refusal to accept unaccompanied baggage into the port facility.

Monitoring the security of the port facility

16.49.   The port facility security organisation should have the capability to monitor the port facility and its nearby approaches, on land and water, at all times, including the night hours and periods of limited visibility, the restricted areas within the port facility, the ships at the port facility and areas surrounding ships. Such monitoring can include use of:

| 1. | lighting; |
| --- | --- |

1.

lighting;

| 2. | security guards, including foot, vehicle and waterborne patrols; and |
| --- | --- |

2.

security guards, including foot, vehicle and waterborne patrols; and

| 3. | automatic intrusion-detection devices and surveillance equipment. |
| --- | --- |

3.

automatic intrusion-detection devices and surveillance equipment.

16.50.   When used, automatic intrusion-detection devices should activate an audible and/or visual alarm at a location that is continuously attended or monitored.

16.51.   The PFSP should establish the procedures and equipment needed at each security level and the means of ensuring that monitoring equipment will be able to perform continually, including consideration of the possible effects of weather or of power disruptions.

Security level 1

16.52.   At security level 1, the PFSP should establish the security measures to be applied, which may be a combination of lighting, security guards or use of security and surveillance equipment to allow port facility security personnel to:

| 1. | observe the general port facility area, including shore- and water-side accesses to it; |
| --- | --- |

1.

observe the general port facility area, including shore- and water-side accesses to it;

| 2. | observe access points, barriers and restricted areas; and |
| --- | --- |

2.

observe access points, barriers and restricted areas; and

| 3. | allow port facility security personnel to monitor areas and movements adjacent to ships using the port facility, including augmentation of lighting provided by the ship itself. |
| --- | --- |

3.

allow port facility security personnel to monitor areas and movements adjacent to ships using the port facility, including augmentation of lighting provided by the ship itself.

Security level 2

16.53.   At security level 2, the PFSP should establish the additional security measures to be applied to enhance the monitoring and surveillance capability, which may include:

| 1. | increasing the coverage and intensity of lighting and surveillance equipment, including the provision of additional lighting and surveillance coverage; |
| --- | --- |

1.

increasing the coverage and intensity of lighting and surveillance equipment, including the provision of additional lighting and surveillance coverage;

| 2. | increasing the frequency of foot, vehicle or waterborne patrols; and |
| --- | --- |

2.

increasing the frequency of foot, vehicle or waterborne patrols; and

| 3. | assigning additional security personnel to monitor and patrol. |
| --- | --- |

3.

assigning additional security personnel to monitor and patrol.

Security level 3

16.54.   At security level 3, the port facility should comply with the instructions issued by those responding to the security incident or threat thereof. The PFSP should detail the security measures which could be taken by the port facility in close cooperation with those responding and the ships at the port facility, which may include:

| 1. | switching on all lighting within, or illuminating the vicinity of, the port facility; |
| --- | --- |

1.

switching on all lighting within, or illuminating the vicinity of, the port facility;

| 2. | switching on all surveillance equipment capable of recording activities within, or adjacent to, the port facility; and |
| --- | --- |

2.

switching on all surveillance equipment capable of recording activities within, or adjacent to, the port facility; and

| 3. | maximising the length of time such surveillance equipment can continue to record. |
| --- | --- |

3.

maximising the length of time such surveillance equipment can continue to record.

Differing security levels

16.55.   The PFSP should establish details of the procedures and security measures the port facility could adopt if the port facility is at a lower security level than that applying to a ship.

Activities not covered by the Code

16.56.   The PFSP should establish details of the procedures and security measures the port facility should apply when:

| 1. | it is interfacing with a ship which has been at a port of a State which is not a Contracting Government; |
| --- | --- |

1.

it is interfacing with a ship which has been at a port of a State which is not a Contracting Government;

| 2. | it is interfacing with a ship to which this Code does not apply; and |
| --- | --- |

2.

it is interfacing with a ship to which this Code does not apply; and

| 3. | it is interfacing with fixed or floating platforms or mobile offshore drilling units on location. |
| --- | --- |

3.

it is interfacing with fixed or floating platforms or mobile offshore drilling units on location.

Declarations of Security

16.57.   The PFSP should establish the procedures to be followed when, on the instructions of the Contracting Government, the PFSO requests a Declaration of Security (DoS) or when a DoS is requested by a ship.

Audit, review and amendment

16.58.   The PFSP should establish how the PFSO intends to audit the continued effectiveness of the PFSP and the procedure to be followed to review, update or amend the PFSP.

16.59.   The PFSP should be reviewed at the discretion of the PFSO. In addition it should be reviewed:

| 1. | if the PFSA relating to the port facility is altered; |
| --- | --- |

1.

if the PFSA relating to the port facility is altered;

| 2. | if an independent audit of the PFSP or the Contracting Government's testing of the port facility security organisation identifies failings in the organisation or questions the continuing relevance of significant elements of the approved PFSP; |
| --- | --- |

2.

if an independent audit of the PFSP or the Contracting Government's testing of the port facility security organisation identifies failings in the organisation or questions the continuing relevance of significant elements of the approved PFSP;

| 3. | following security incidents or threats thereof involving the port facility; and |
| --- | --- |

3.

following security incidents or threats thereof involving the port facility; and

| 4. | following changes in ownership or operational control of the port facility. |
| --- | --- |

4.

following changes in ownership or operational control of the port facility.

16.60.   The PFSO can recommend appropriate amendments to the approved plan following any review of the plan. Amendments to the PFSP relating to:

| 1. | proposed changes which could fundamentally alter the approach adopted to maintaining the security of the port facility; and |
| --- | --- |

1.

proposed changes which could fundamentally alter the approach adopted to maintaining the security of the port facility; and

| 2. | the removal, alteration or replacement of permanent barriers, security and surveillance equipment and systems, etc., previously considered essential in maintaining the security of the port facility |
| --- | --- |

2.

the removal, alteration or replacement of permanent barriers, security and surveillance equipment and systems, etc., previously considered essential in maintaining the security of the port facility

should be submitted to the Contracting Government that approved the original PFSP for their consideration and approval. Such approval can be given by, or on behalf of, the Contracting Government with, or without, amendments to the proposed changes. On approval of the PFSP, the Contracting Government should indicate which procedural or physical alterations have to be submitted to it for approval.

Approval of port facility security plans

16.61.   PFSPs have to be approved by the relevant Contracting Government, which should establish appropriate procedures to provide for:

| 1. | the submission of PFSPs to them; |
| --- | --- |

1.

the submission of PFSPs to them;

| 2. | the consideration of PFSPs; |
| --- | --- |

2.

the consideration of PFSPs;

| 3. | the approval of PFSPs, with or without amendments; |
| --- | --- |

3.

the approval of PFSPs, with or without amendments;

| 4. | consideration of amendments submitted after approval; and |
| --- | --- |

4.

consideration of amendments submitted after approval; and

| 5. | procedures for inspecting or auditing the continuing relevance of the approved PFSP. |
| --- | --- |

5.

procedures for inspecting or auditing the continuing relevance of the approved PFSP.

At all stages, steps should be taken to ensure that the contents of the PFSP remain confidential.

Statement of Compliance of a Port Facility

16.62.   The Contracting Government within whose territory a port facility is located may issue an appropriate Statement of Compliance of a Port Facility (SoCPF) indicating:

| 1. | the port facility; |
| --- | --- |

1.

the port facility;

| 2. | that the port facility complies with the provisions of chapter XI-2 and part A of the Code; |
| --- | --- |

2.

that the port facility complies with the provisions of chapter XI-2 and part A of the Code;

| 3. | the period of validity of the SoCPF, which should be specified by the Contracting Governments but should not exceed five years; and |
| --- | --- |

3.

the period of validity of the SoCPF, which should be specified by the Contracting Governments but should not exceed five years; and

| 4. | the subsequent verification arrangements established by the Contracting Government and a confirmation when these are carried out. |
| --- | --- |

4.

the subsequent verification arrangements established by the Contracting Government and a confirmation when these are carried out.

16.63.   The Statement of Compliance of a Port Facility should be in the form set out in the appendix to this Part of the Code. If the language used is not Spanish, French or English, the Contracting Government, if it considers it appropriate, may also include a translation into one of these languages.

17.   PORT FACILITY SECURITY OFFICER

General

17.1.   In those exceptional instances where the ship security officer has questions about the validity of identification documents of those seeking to board the ship for official purposes, the port facility security officer should assist.

17.2.   The port facility security officer should not be responsible for routine confirmation of the identity of those seeking to board the ship.

In addition, other relevant guidance is provided under sections 15, 16 and 18.

18.   TRAINING, DRILLS AND EXERCISES ON PORT FACILITY SECURITY

Training

18.1.   The port facility security officer should have knowledge and receive training, in some or all of the following, as appropriate:

| 1. | security administration; |
| --- | --- |

1.

security administration;

| 2. | relevant international conventions, codes and recommendations; |
| --- | --- |

2.

relevant international conventions, codes and recommendations;

| 3. | relevant Government legislation and regulations; |
| --- | --- |

3.

relevant Government legislation and regulations;

| 4. | responsibilities and functions of other security organisations; |
| --- | --- |

4.

responsibilities and functions of other security organisations;

| 5. | methodology of port facility security assessment; |
| --- | --- |

5.

methodology of port facility security assessment;

| 6. | methods of ship and port facility security surveys and inspections; |
| --- | --- |

6.

methods of ship and port facility security surveys and inspections;

| 7. | ship and port operations and conditions; |
| --- | --- |

7.

ship and port operations and conditions;

| 8. | ship and port facility security measures; |
| --- | --- |

8.

ship and port facility security measures;

| 9. | emergency preparedness and response and contingency planning; |
| --- | --- |

9.

emergency preparedness and response and contingency planning;

| 10. | instruction techniques for security training and education, including security measures and procedures; |
| --- | --- |

10.

instruction techniques for security training and education, including security measures and procedures;

| 11. | handling sensitive security-related information and security-related communications; |
| --- | --- |

11.

handling sensitive security-related information and security-related communications;

| 12. | knowledge of current security threats and patterns; |
| --- | --- |

12.

knowledge of current security threats and patterns;

| 13. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

13.

recognition and detection of weapons, dangerous substances and devices;

| 14. | recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten the security; |
| --- | --- |

14.

recognition, on a non-discriminatory basis, of characteristics and behavioural patterns of persons who are likely to threaten the security;

| 15. | techniques used to circumvent security measures; |
| --- | --- |

15.

techniques used to circumvent security measures;

| 16. | security equipment and systems, and their operational limitations; |
| --- | --- |

16.

security equipment and systems, and their operational limitations;

| 17. | methods of conducting audits, inspection, control and monitoring; |
| --- | --- |

17.

methods of conducting audits, inspection, control and monitoring;

| 18. | methods of physical searches and non-intrusive inspections; |
| --- | --- |

18.

methods of physical searches and non-intrusive inspections;

| 19. | security drills and exercises, including drills and exercises with ships; and |
| --- | --- |

19.

security drills and exercises, including drills and exercises with ships; and

| 20. | assessment of security drills and exercises. |
| --- | --- |

20.

assessment of security drills and exercises.

18.2.   Port facility personnel having specific security duties should have knowledge and receive training in some or all of the following, as appropriate:

| 1. | knowledge of current security threats and patterns; |
| --- | --- |

1.

knowledge of current security threats and patterns;

| 2. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

2.

recognition and detection of weapons, dangerous substances and devices;

| 3. | recognition of characteristics and behavioural patterns of persons who are likely to threaten security; |
| --- | --- |

3.

recognition of characteristics and behavioural patterns of persons who are likely to threaten security;

| 4. | techniques used to circumvent security measures; |
| --- | --- |

4.

techniques used to circumvent security measures;

| 5. | crowd management and control techniques; |
| --- | --- |

5.

crowd management and control techniques;

| 6. | security-related communications; |
| --- | --- |

6.

security-related communications;

| 7. | operations of security equipment and systems; |
| --- | --- |

7.

operations of security equipment and systems;

| 8. | testing, calibration and maintenance of security equipment and systems; |
| --- | --- |

8.

testing, calibration and maintenance of security equipment and systems;

| 9. | inspection, control, and monitoring techniques; and |
| --- | --- |

9.

inspection, control, and monitoring techniques; and

| 10. | methods of physical searches of persons, personal effects, baggage, cargo, and ship's stores. |
| --- | --- |

10.

methods of physical searches of persons, personal effects, baggage, cargo, and ship's stores.

18.3.   All other port facility personnel should have knowledge of and be familiar with relevant provisions of the port facility security plan in some or all of the following, as appropriate:

| 1. | the meaning and the consequential requirements of the different security levels; |
| --- | --- |

1.

the meaning and the consequential requirements of the different security levels;

| 2. | recognition and detection of weapons, dangerous substances and devices; |
| --- | --- |

2.

recognition and detection of weapons, dangerous substances and devices;

| 3. | recognition of characteristics and behavioural patterns of persons who are likely to threaten the security; and |
| --- | --- |

3.

recognition of characteristics and behavioural patterns of persons who are likely to threaten the security; and

| 4. | techniques used to circumvent security measures. |
| --- | --- |

4.

techniques used to circumvent security measures.

Drills and exercises

18.4.   The objective of drills and exercises is to ensure that port facility personnel are proficient in all assigned security duties, at all security levels, and to identify any security-related deficiencies which need to be addressed.

18.5.   To ensure the effective implementation of the provisions of the port facility security plan, drills should be conducted at least every three months unless the specific circumstances dictate otherwise. These drills should test individual elements of the plan such as those security threats listed in paragraph 15.11.

18.6.   Various types of exercises, which may include participation of port facility security officers, in conjunction with relevant authorities of Contracting Governments, company security officers, or ship security officers, if available, should be carried out at least once each calendar year with no more than 18 months between the exercises. Requests for the participation of company security officers or ship security officers in joint exercises should be made, bearing in mind the security and work implications for the ship. These exercises should test communication, coordination, resource availability and response. These exercises may be:

| 1. | full-scale or live; |
| --- | --- |

1.

full-scale or live;

| 2. | tabletop simulation or seminar; or |
| --- | --- |

2.

tabletop simulation or seminar; or

| 3. | combined with other exercises held, such as emergency response or other port State authority exercises. |
| --- | --- |

3.

combined with other exercises held, such as emergency response or other port State authority exercises.

19.   VERIFICATION AND CERTIFICATION FOR SHIPS

No additional guidance.

Appendix to PART B

APPENDIX 1

Form of a Declaration of Security between a ship and a port facility (2)

Image

Image

APPENDIX 2

Form of a Statement of Compliance of a Port Facility

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Image

---

(1)  Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974.

1

(2)  This form of Declaration of Security is for use between a ship and a port facility. If the Declaration of Security is to cover two ships, this model should be appropriately modified.

2

P5_TA(2003)0500

European Network and Information Security Agency ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation establishing the European Network and Information Security Agency (COM(2003) 63 — C5-0058/2003 — 2003/0032(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 63) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 63) (1),

| — | having regard to Articles 251(2), 95 and 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0058/2003), |
| --- | --- |

—

having regard to Articles 251(2), 95 and 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0058/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets, the Committee on Legal Affairs and the Internal Market and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0353/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets, the Committee on Legal Affairs and the Internal Market and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0353/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0032

Position of the European Parliament adopted at first reading on 19 November 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 establishing the European Network and Information Security Agency

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

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

Whereas:

| (1) | Communication networks and information systems have become an essential factor in economic and societal development. Computing and networking are now becoming ubiquitous utilities in the same way as electricity or water supply already are. The security of communication networks and information systems, in particular their availability, is therefore of increasing concern to society, not least because of the possibility of problems in key information systems, due to system complexity, accidents, mistakes and attacks, that may have consequences for the physical infrastructures which deliver services critical to the well-being of EU citizens. |
| --- | --- |

(1)

Communication networks and information systems have become an essential factor in economic and societal development. Computing and networking are now becoming ubiquitous utilities in the same way as electricity or water supply already are. The security of communication networks and information systems, in particular their availability, is therefore of increasing concern to society, not least because of the possibility of problems in key information systems, due to system complexity, accidents, mistakes and attacks, that may have consequences for the physical infrastructures which deliver services critical to the well-being of EU citizens.

| (2) | The growing number of security breaches has already generated substantial financial damage, has undermined user confidence and has been detrimental to the development of e-commerce. Individuals, public administrations and businesses have reacted by deploying security technologies and security management procedures. Member States have taken several supporting measures, such as information campaigns and research projects, to enhance network and information security throughout society. |
| --- | --- |

(2)

The growing number of security breaches has already generated substantial financial damage, has undermined user confidence and has been detrimental to the development of e-commerce. Individuals, public administrations and businesses have reacted by deploying security technologies and security management procedures. Member States have taken several supporting measures, such as information campaigns and research projects, to enhance network and information security throughout society.

| (3) | The technical complexity of networks and information systems, the variety of products and services that are interconnected, and the huge number of private and public actors that bear their own responsibility risk undermining the smooth functioning of the internal market. |
| --- | --- |

(3)

The technical complexity of networks and information systems, the variety of products and services that are interconnected, and the huge number of private and public actors that bear their own responsibility risk undermining the smooth functioning of the internal market.

| (4) | Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (‘the Framework Directive’) (3) lays down the tasks of national regulatory authorities, which include cooperating with each other and the Commission in a transparent manner to ensure the development of consistent regulatory practice, contributing to ensuring a high level of protection of personal data and privacy, and ensuring that the integrity and security of public communications networks are ensured. |
| --- | --- |

(4)

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (‘the Framework Directive’) (3) lays down the tasks of national regulatory authorities, which include cooperating with each other and the Commission in a transparent manner to ensure the development of consistent regulatory practice, contributing to ensuring a high level of protection of personal data and privacy, and ensuring that the integrity and security of public communications networks are ensured.

| (5) | Present Community legislation also includes Directive 2002/20/EC (4), Directive 2002/22/EC (5)), Directive 2002/19/EC (6), Directive 2002/58/EC (7), Directive 1999/93/EC (8), Directive 2000/31/EC (9), as well as the Council Resolution of 18 February 2003 on the implementation of the eEurope 2005 Action Plan (10). |
| --- | --- |

(5)

Present Community legislation also includes Directive 2002/20/EC (4), Directive 2002/22/EC (5)), Directive 2002/19/EC (6), Directive 2002/58/EC (7), Directive 1999/93/EC (8), Directive 2000/31/EC (9), as well as the Council Resolution of 18 February 2003 on the implementation of the eEurope 2005 Action Plan (10).

| (6) | Directive 2002/20/EC entitles Member States to attach to the general authorisation conditions regarding the security of public networks against unauthorised access in accordance with Directive 97/66/EC (11). |
| --- | --- |

(6)

Directive 2002/20/EC entitles Member States to attach to the general authorisation conditions regarding the security of public networks against unauthorised access in accordance with Directive 97/66/EC (11).

| (7) | Directive 2002/22/EC requires that Member States take the necessary steps to ensure the integrity and availability of the public telephone networks at fixed locations and that undertakings providing publicly available telephone services at fixed locations take all reasonable steps to ensure uninterrupted access to emergency services. |
| --- | --- |

(7)

Directive 2002/22/EC requires that Member States take the necessary steps to ensure the integrity and availability of the public telephone networks at fixed locations and that undertakings providing publicly available telephone services at fixed locations take all reasonable steps to ensure uninterrupted access to emergency services.

| (8) | Directive 2002/58/EC requires a provider of a publicly available electronic communications service to take appropriate technical and organisational measures to safeguard security of its services and also requires the confidentiality of the communications and related traffic data. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (12) requires Member States to provide that the controller must implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. |
| --- | --- |

(8)

Directive 2002/58/EC requires a provider of a publicly available electronic communications service to take appropriate technical and organisational measures to safeguard security of its services and also requires the confidentiality of the communications and related traffic data. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (12) requires Member States to provide that the controller must implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

| (9) | Directive 2002/21/EC and Directive 1999/93/EC contain provisions on standards that are to be published in the Official Journal of the European Union. Member States also use standards from international bodies as well as de facto standards developed by the global industry. It is necessary for the Commission and the Member States to be able to track those standards which meet the requirements of Community legislation. |
| --- | --- |

(9)

Directive 2002/21/EC and Directive 1999/93/EC contain provisions on standards that are to be published in the Official Journal of the European Union. Member States also use standards from international bodies as well as de facto standards developed by the global industry. It is necessary for the Commission and the Member States to be able to track those standards which meet the requirements of Community legislation.

| (10) | These internal market measures require different forms of technical and organisational applications by the Member States and the Commission. These are technically complex tasks with no single, selfevident solutions. The heterogeneous application of these requirements can lead to inefficient solutions and create obstacles to the internal market. This calls for the creation of a centre of expertise at European level providing guidance, advice and, when called upon, assistance within its objectives, which may be relied upon by the European Parliament, the Commission or competent bodies appointed by the Member States. National regulatory authorities, designated under Directive 2002/21/EC, can be appointed by a Member State as a competent body. |
| --- | --- |

(10)

These internal market measures require different forms of technical and organisational applications by the Member States and the Commission. These are technically complex tasks with no single, selfevident solutions. The heterogeneous application of these requirements can lead to inefficient solutions and create obstacles to the internal market. This calls for the creation of a centre of expertise at European level providing guidance, advice and, when called upon, assistance within its objectives, which may be relied upon by the European Parliament, the Commission or competent bodies appointed by the Member States. National regulatory authorities, designated under Directive 2002/21/EC, can be appointed by a Member State as a competent body.

| (11) | The establishment of a European agency, the European Network and Information Security Agency, hereinafter referred to as ‘the Agency’, operating as a point of reference and establishing confidence by virtue of its independence, the quality of the advice it delivers and the information it disseminates, the transparency of its procedures and methods of operation, and its diligence in performing the tasks assigned to it, would respond to these needs. The Agency should build on national and Community efforts and therefore perform its tasks in full cooperation with the Member States and be open to contacts with industry and other relevant stakeholders. As electronic networks, to a large extent, are privately owned, the Agency should build on the input from and cooperation with the private sector. |
| --- | --- |

(11)

The establishment of a European agency, the European Network and Information Security Agency, hereinafter referred to as ‘the Agency’, operating as a point of reference and establishing confidence by virtue of its independence, the quality of the advice it delivers and the information it disseminates, the transparency of its procedures and methods of operation, and its diligence in performing the tasks assigned to it, would respond to these needs. The Agency should build on national and Community efforts and therefore perform its tasks in full cooperation with the Member States and be open to contacts with industry and other relevant stakeholders. As electronic networks, to a large extent, are privately owned, the Agency should build on the input from and cooperation with the private sector.

| (12) | The performance of the Agency's tasks should not interfere with the competencies and should not pre-empt, impede or overlap with the relevant powers and tasks conferred on:






  — | the national regulatory authorities as set out in the Directives relating to the electronic communications networks and services, the European Regulators Group for Electronic Communications Networks and Services established by Commission Decision 2002/627/EC (13) and the Communications Committee referred to in Directive 2002/21/EC, |
| --- | --- | --- |

(12)

The performance of the Agency's tasks should not interfere with the competencies and should not pre-empt, impede or overlap with the relevant powers and tasks conferred on:

—

the national regulatory authorities as set out in the Directives relating to the electronic communications networks and services, the European Regulators Group for Electronic Communications Networks and Services established by Commission Decision 2002/627/EC (13) and the Communications Committee referred to in Directive 2002/21/EC,

| — | the European standardisation bodies, the national standardisation bodies and the Standing Committee as set out in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (14), |
| --- | --- |

—

the European standardisation bodies, the national standardisation bodies and the Standing Committee as set out in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (14),

| — | the supervisory authorities of the Member States relating to the protection of individuals with regard to the processing of personal data and the free movement of such data. |
| --- | --- |

—

the supervisory authorities of the Member States relating to the protection of individuals with regard to the processing of personal data and the free movement of such data.

| (13) | To understand better the challenges in the network and information security field, there is a need for the Agency to analyse current and emerging risks and for that purpose the Agency may collect appropriate information, in particular through questionnaires, without imposing new obligations on the private sector or the Member States to generate data. Emerging risks should be understood as issues already visible as possible future risks to network and information security. |
| --- | --- |

(13)

To understand better the challenges in the network and information security field, there is a need for the Agency to analyse current and emerging risks and for that purpose the Agency may collect appropriate information, in particular through questionnaires, without imposing new obligations on the private sector or the Member States to generate data. Emerging risks should be understood as issues already visible as possible future risks to network and information security.

| (14) | Ensuring confidence in networks and information systems requires that individuals, businesses and public administrations are sufficiently informed, educated and trained in the field of network and information security. Public authorities have a role in increasing awareness by informing the general public, small and medium-sized enterprises, corporate companies, public administrations, schools and universities. These measures need to be further developed. An increased information exchange between Member States will facilitate such awareness raising actions. The Agency should provide advice on best practices in awareness-raising, training and courses. |
| --- | --- |

(14)

Ensuring confidence in networks and information systems requires that individuals, businesses and public administrations are sufficiently informed, educated and trained in the field of network and information security. Public authorities have a role in increasing awareness by informing the general public, small and medium-sized enterprises, corporate companies, public administrations, schools and universities. These measures need to be further developed. An increased information exchange between Member States will facilitate such awareness raising actions. The Agency should provide advice on best practices in awareness-raising, training and courses.

| (15) | The Agency should have the task of contributing to a high level of network and information security within the Community and of developing a culture of network and information security for the benefit of citizens, consumers, businesses and public sector organisations in the European Union, thus contributing to the smooth functioning of the internal market. |
| --- | --- |

(15)

The Agency should have the task of contributing to a high level of network and information security within the Community and of developing a culture of network and information security for the benefit of citizens, consumers, businesses and public sector organisations in the European Union, thus contributing to the smooth functioning of the internal market.

| (16) | Efficient security policies should be based on well-developed risk assessment methods, both in the public and private sector. Risk assessment methods and procedures are used at different levels with no common practice on their efficient application. The promotion and development of best practices for risk assessment and for interoperable risk management solutions within public and private sector organisations will increase the security level of networks and information systems in Europe. |
| --- | --- |

(16)

Efficient security policies should be based on well-developed risk assessment methods, both in the public and private sector. Risk assessment methods and procedures are used at different levels with no common practice on their efficient application. The promotion and development of best practices for risk assessment and for interoperable risk management solutions within public and private sector organisations will increase the security level of networks and information systems in Europe.

| (17) | The work of the Agency should utilise ongoing research, development and technological assessment activities, in particular those carried out under the different Community research initiatives. |
| --- | --- |

(17)

The work of the Agency should utilise ongoing research, development and technological assessment activities, in particular those carried out under the different Community research initiatives.

| (18) | Where appropriate and useful for fulfilling its scope, objectives and tasks, the Agency could share experience and general information with bodies and agencies created under European Union law and dealing with network and information security. |
| --- | --- |

(18)

Where appropriate and useful for fulfilling its scope, objectives and tasks, the Agency could share experience and general information with bodies and agencies created under European Union law and dealing with network and information security.

| (19) | Network and information security problems are global issues. There is a need for closer cooperation at global level to improve security standards, improve information, and promote a common global approach to network and information security issues, thereby contributing to the development of a culture of network and information security. Efficient cooperation with third countries and the global community has become a task also at European level. To this end, the Agency should contribute to Community efforts to cooperate with third countries and, where appropriate, with international organisations. |
| --- | --- |

(19)

Network and information security problems are global issues. There is a need for closer cooperation at global level to improve security standards, improve information, and promote a common global approach to network and information security issues, thereby contributing to the development of a culture of network and information security. Efficient cooperation with third countries and the global community has become a task also at European level. To this end, the Agency should contribute to Community efforts to cooperate with third countries and, where appropriate, with international organisations.

| (20) | In its activities the Agency should pay attention to small and medium-sized enterprises. |
| --- | --- |

(20)

In its activities the Agency should pay attention to small and medium-sized enterprises.

| (21) | In order effectively to ensure the accomplishment of the tasks of the Agency, the Member States and the Commission should be represented on a Management Board entrusted with the necessary powers to establish the budget, verify its implementation, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency, approve the agency's work programme, adopt its own rules of procedure and the Agency's internal rules of operation, appoint and remove the Executive Director. The Management Board should ensure that the Agency carries out its tasks under conditions which enable it to serve in accordance with this Regulation. |
| --- | --- |

(21)

In order effectively to ensure the accomplishment of the tasks of the Agency, the Member States and the Commission should be represented on a Management Board entrusted with the necessary powers to establish the budget, verify its implementation, adopt the appropriate financial rules, establish transparent working procedures for decision making by the Agency, approve the agency's work programme, adopt its own rules of procedure and the Agency's internal rules of operation, appoint and remove the Executive Director. The Management Board should ensure that the Agency carries out its tasks under conditions which enable it to serve in accordance with this Regulation.

| (22) | A Permanent Stakeholders Group would be helpful, in order to maintain a regular dialogue with the private sector, consumer organisations and other relevant stakeholders. The Permanent Stakeholders Group, established and chaired by the Executive Director, should focus on issues relevant to all stakeholders and bring them to the attention of the Executive Director. The Executive Director may, where appropriate and according to the agenda of the meetings, invite representatives of the European Parliament and from other relevant bodies to take part in the meetings of the Group. |
| --- | --- |

(22)

A Permanent Stakeholders Group would be helpful, in order to maintain a regular dialogue with the private sector, consumer organisations and other relevant stakeholders. The Permanent Stakeholders Group, established and chaired by the Executive Director, should focus on issues relevant to all stakeholders and bring them to the attention of the Executive Director. The Executive Director may, where appropriate and according to the agenda of the meetings, invite representatives of the European Parliament and from other relevant bodies to take part in the meetings of the Group.

| (23) | The smooth functioning of the Agency requires that its Executive Director is appointed on the grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for network and information security, and that he/she performs his/her duties with complete independence and flexibility as to the organisation of the internal functioning of the Agency. To this end, the Executive Director should prepare a proposal for the Agency's work programme, after prior consultation of the Commission and of the Permanent Stakeholders Group, and take all necessary steps to ensure the proper accomplishment of the programme, should prepare each year a draft general report to be submitted to the Management Board, should draw up a draft statement of estimates of revenue and expenditure of the Agency and should implement the budget. |
| --- | --- |

(23)

The smooth functioning of the Agency requires that its Executive Director is appointed on the grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for network and information security, and that he/she performs his/her duties with complete independence and flexibility as to the organisation of the internal functioning of the Agency. To this end, the Executive Director should prepare a proposal for the Agency's work programme, after prior consultation of the Commission and of the Permanent Stakeholders Group, and take all necessary steps to ensure the proper accomplishment of the programme, should prepare each year a draft general report to be submitted to the Management Board, should draw up a draft statement of estimates of revenue and expenditure of the Agency and should implement the budget.

| (24) | The Executive Director should have the possibility to set up ad hoc Working Groups to address in particular scientific and technical matters. In establishing the ad hoc Working Groups the Executive Director should seek input from and mobilise the relevant expertise of the private sector. The ad hoc Working Groups should enable the Agency to have access to the most up-to-date information available in order to be able to respond to the security challenges posed by the developing information society. The Agency should ensure that its ad hoc Working Groups are competent and representative and that they include, as appropriate according to the specific issues, representation of the public administrations of the Member States, of the private sector including industry, of the users and of academic experts in network and information security. The Agency may, if necessary, add to the Working Groups independent experts recognised as competent in the field concerned. The experts who participate in the ad hoc Working Groups organised by the Agency should not belong to the Agency's staff. Their expenses should be met by the Agency in accordance with its internal rules and in conformity with the existing Financial Regulations. |
| --- | --- |

(24)

The Executive Director should have the possibility to set up ad hoc Working Groups to address in particular scientific and technical matters. In establishing the ad hoc Working Groups the Executive Director should seek input from and mobilise the relevant expertise of the private sector. The ad hoc Working Groups should enable the Agency to have access to the most up-to-date information available in order to be able to respond to the security challenges posed by the developing information society. The Agency should ensure that its ad hoc Working Groups are competent and representative and that they include, as appropriate according to the specific issues, representation of the public administrations of the Member States, of the private sector including industry, of the users and of academic experts in network and information security. The Agency may, if necessary, add to the Working Groups independent experts recognised as competent in the field concerned. The experts who participate in the ad hoc Working Groups organised by the Agency should not belong to the Agency's staff. Their expenses should be met by the Agency in accordance with its internal rules and in conformity with the existing Financial Regulations.

| (25) | The Agency should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (15) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (16). |
| --- | --- |

(25)

The Agency should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (15) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (16).

| (26) | Within its scope, its objectives and in the performance of its tasks, the Agency should comply in particular with the provisions applicable to the Community institutions, as well as the national legislation regarding the treatment of sensitive documents. |
| --- | --- |

(26)

Within its scope, its objectives and in the performance of its tasks, the Agency should comply in particular with the provisions applicable to the Community institutions, as well as the national legislation regarding the treatment of sensitive documents.

| (27) | In order to guarantee the full autonomy and independence of the Agency, it is considered necessary to grant it an autonomous budget whose revenue comes essentially from a contribution from the Community. The Community budgetary procedure remains applicable as far as any subsidies chargeable to the general budget of the European Union are concerned. Moreover, the Court of Auditors should undertake the auditing of accounts. |
| --- | --- |

(27)

In order to guarantee the full autonomy and independence of the Agency, it is considered necessary to grant it an autonomous budget whose revenue comes essentially from a contribution from the Community. The Community budgetary procedure remains applicable as far as any subsidies chargeable to the general budget of the European Union are concerned. Moreover, the Court of Auditors should undertake the auditing of accounts.

| (28) | Where necessary and on the basis of arrangements to be concluded, the Agency may have access to the interpretation services provided by the Directorate General for Interpretation (DGI) of the Commission, or by Interpretation Services of other Community institutions. |
| --- | --- |

(28)

Where necessary and on the basis of arrangements to be concluded, the Agency may have access to the interpretation services provided by the Directorate General for Interpretation (DGI) of the Commission, or by Interpretation Services of other Community institutions.

| (29) | The Agency should be initially established for a limited period and its operations evaluated in order to determine whether the duration of its operations should be extended, |
| --- | --- |

(29)

The Agency should be initially established for a limited period and its operations evaluated in order to determine whether the duration of its operations should be extended,

HAVE ADOPTED THIS REGULATION:

SECTION 1

SCOPE, OBJECTIVES AND TASKS

Article 1

Scope

1.   For the purpose of ensuring a high and effective level of network and information security within the Community and in order to develop a culture of network and information security for the benefit of the citizens, consumers, enterprises and public sector organisations of the European Union, thus contributing to the smooth functioning of the internal market, a European Network and Information Security Agency is hereby established, hereinafter referred to as ‘the Agency’.

2.   The Agency shall assist the Commission and the Member States, and in consequence cooperate with the business community, in order to help them to meet the requirements of network and information security, thereby ensuring the smooth functioning of the internal market, including those set out in present and future Community legislation, such as in Directive 2002/21/EC.

3.   The objectives and the tasks of the Agency shall be without prejudice to the competencies of the Member States regarding network and information security which fall outside the scope of the EC Treaty, such as those covered by Titles V and VI of the Treaty on European Union, and in any case to activities concerning public security, defence, State security (including the economic well-being of the State when the issues relate to State security matters) and the activities of the State in areas of criminal law.

Article 2

Objectives

1.   The Agency shall enhance the capability of the Community, the Member States and, as a consequence, the business community to prevent, address and respond to network and information security problems.

2.   The Agency shall provide assistance and deliver advice to the Commission and the Member States on issues related to network and information security falling within its competencies as set out in this Regulation.

3.   Building on national and Community efforts, the Agency shall develop a high level of expertise. The Agency shall use this expertise to stimulate broad cooperation between actors from the public and private sectors.

4.   The Agency shall assist the Commission, where called upon, in the technical preparatory work for updating and developing Community legislation in the field of network and information security.

Article 3

Tasks

In order to ensure that the scope and objectives set out in Articles 1 and 2 are complied with and met, the Agency shall perform the following tasks:

| (a) | collect appropriate information to analyse current and emerging risks and, in particular at the European level, those which could produce an impact on the resilience and the availability of electronic communications networks and on the authenticity, integrity and confidentiality of the information accessed and transmitted through them, and provide the results of the analysis to the Member States and the Commission; |
| --- | --- |

(a)

collect appropriate information to analyse current and emerging risks and, in particular at the European level, those which could produce an impact on the resilience and the availability of electronic communications networks and on the authenticity, integrity and confidentiality of the information accessed and transmitted through them, and provide the results of the analysis to the Member States and the Commission;

| (b) | provide the European Parliament, the Commission, European bodies or competent national bodies appointed by the Member States with advice, and when called upon, with assistance within its objectives; |
| --- | --- |

(b)

provide the European Parliament, the Commission, European bodies or competent national bodies appointed by the Member States with advice, and when called upon, with assistance within its objectives;

| (c) | enhance cooperation between different actors operating in the field of network and information security, inter alia by organising, on a regular basis, consultation with industry, universities, as well as other sectors concerned and by establishing networks of contacts for Community bodies, public sector bodies appointed by the Member States, private sector and consumer bodies; |
| --- | --- |

(c)

enhance cooperation between different actors operating in the field of network and information security, inter alia by organising, on a regular basis, consultation with industry, universities, as well as other sectors concerned and by establishing networks of contacts for Community bodies, public sector bodies appointed by the Member States, private sector and consumer bodies;

| (d) | facilitate cooperation between the Commission and the Member States in the development of common methodologies to prevent, address and respond to network and information security problems; |
| --- | --- |

(d)

facilitate cooperation between the Commission and the Member States in the development of common methodologies to prevent, address and respond to network and information security problems;

| (e) | contribute to awareness raising and the availability of timely, objective and comprehensive information on network and information security issues for all users by, inter alia, promoting exchanges of current best practices, including on methods of alerting users, and seeking synergy between public and private sector initiatives; |
| --- | --- |

(e)

contribute to awareness raising and the availability of timely, objective and comprehensive information on network and information security issues for all users by, inter alia, promoting exchanges of current best practices, including on methods of alerting users, and seeking synergy between public and private sector initiatives;

| (f) | assist the Commission and the Member States in their dialogue with industry to address securityrelated problems in hardware and software products; |
| --- | --- |

(f)

assist the Commission and the Member States in their dialogue with industry to address securityrelated problems in hardware and software products;

| (g) | track the development of standards for products and services on network and information security; |
| --- | --- |

(g)

track the development of standards for products and services on network and information security;

| (h) | advise the Commission on research in the area of network and information security as well as on the effective use of risk prevention technologies; |
| --- | --- |

(h)

advise the Commission on research in the area of network and information security as well as on the effective use of risk prevention technologies;

| (i) | promote risk assessment activities, interoperable risk management solutions and studies on prevention management solutions within public and private sector organisations; |
| --- | --- |

(i)

promote risk assessment activities, interoperable risk management solutions and studies on prevention management solutions within public and private sector organisations;

| (j) | contribute to Community efforts to cooperate with third countries and, where appropriate, with international organisations to promote a common global approach to network and information security issues, thereby contributing to the development of a culture of network and information security; |
| --- | --- |

(j)

contribute to Community efforts to cooperate with third countries and, where appropriate, with international organisations to promote a common global approach to network and information security issues, thereby contributing to the development of a culture of network and information security;

| (k) | express independently its own conclusions and orientations and give advice on matters within its scope and objectives. |
| --- | --- |

(k)

express independently its own conclusions and orientations and give advice on matters within its scope and objectives.

Article 4

Definitions

For the purposes of this Regulation the following definitions shall apply:

| (a) | ‘network’ means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable TV networks, irrespective of the type of information conveyed; |
| --- | --- |

(a)

‘network’ means transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable TV networks, irrespective of the type of information conveyed;

| (b) | ‘information system’ means computers and electronic communication networks, as well as electronic data stored, processed, retrieved or transmitted by them for the purposes of their operation, use, protection and maintenance; |
| --- | --- |

(b)

‘information system’ means computers and electronic communication networks, as well as electronic data stored, processed, retrieved or transmitted by them for the purposes of their operation, use, protection and maintenance;

| (c) | ‘network and information security'’ means the ability of a network or an information system to resist, at a given level of confidence, accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data and the related services offered by or accessible via these networks and systems; |
| --- | --- |

(c)

‘network and information security'’ means the ability of a network or an information system to resist, at a given level of confidence, accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data and the related services offered by or accessible via these networks and systems;

| (d) | ‘availability’ means that data is accessible and services are operational; |
| --- | --- |

(d)

‘availability’ means that data is accessible and services are operational;

| (e) | ‘authentication’ means the confirmation of an asserted identity of entities or users; |
| --- | --- |

(e)

‘authentication’ means the confirmation of an asserted identity of entities or users;

| (f) | ‘data integrity’ means the confirmation that data which have been sent, received or stored are complete and unchanged; |
| --- | --- |

(f)

‘data integrity’ means the confirmation that data which have been sent, received or stored are complete and unchanged;

| (g) | ‘data confidentiality’ means the protection of communications or stored data against interception and reading by unauthorised persons; |
| --- | --- |

(g)

‘data confidentiality’ means the protection of communications or stored data against interception and reading by unauthorised persons;

| (h) | ‘risk’ means a function of the probability that a vulnerability in the system affects authentication or the availability, authenticity, integrity or confidentiality of the data processed or transferred and the severity of that effect, consequential to the intentional or non-intentional use of such a vulnerability; |
| --- | --- |

(h)

‘risk’ means a function of the probability that a vulnerability in the system affects authentication or the availability, authenticity, integrity or confidentiality of the data processed or transferred and the severity of that effect, consequential to the intentional or non-intentional use of such a vulnerability;

| (i) | ‘risk assessment’ means a scientific and technologically based process consisting of four steps: threat identification, threat characterisation, exposure assessment and risk characterisation; |
| --- | --- |

(i)

‘risk assessment’ means a scientific and technologically based process consisting of four steps: threat identification, threat characterisation, exposure assessment and risk characterisation;

| (j) | ‘risk management’ means the process, distinct from risk assessment, of weighing policy alternatives in consultation with interested parties, considering risk assessment and other legitimate factors, and, if need be, selecting appropriate prevention and control options; |
| --- | --- |

(j)

‘risk management’ means the process, distinct from risk assessment, of weighing policy alternatives in consultation with interested parties, considering risk assessment and other legitimate factors, and, if need be, selecting appropriate prevention and control options;

| (k) | ‘culture of network and information security’ has the same meaning as that set out in the OECD Guidelines for the Security of Information Systems and Networks of 25 July 2002 and the Council Resolution of 18 February 2003 on a European approach towards a culture of network and information security (17). |
| --- | --- |

(k)

‘culture of network and information security’ has the same meaning as that set out in the OECD Guidelines for the Security of Information Systems and Networks of 25 July 2002 and the Council Resolution of 18 February 2003 on a European approach towards a culture of network and information security (17).

SECTION 2

ORGANISATION

Article 5

Bodies of the Agency

The Agency shall comprise:

| (a) | a Management Board; |
| --- | --- |

(a)

a Management Board;

| (b) | an Executive Director, and |
| --- | --- |

(b)

an Executive Director, and

| (c) | a Permanent Stakeholders Group. |
| --- | --- |

(c)

a Permanent Stakeholders Group.

Article 6

Management Board

1.   The Management Board shall be composed of one representative of each Member State, three representatives appointed by the Commission, as well as three representatives, proposed by the Commission and appointed by the Council, without the right to vote, each of whom represents one of the following groups:

| (a) | Information and Communication Technologies industry; |
| --- | --- |

(a)

Information and Communication Technologies industry;

| (b) | consumer groups; |
| --- | --- |

(b)

consumer groups;

| (c) | academic experts in network and information security. |
| --- | --- |

(c)

academic experts in network and information security.

2.   Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of network and information security. Representatives may be replaced by alternates, appointed at the same time.

3.   The Management Board shall elect its Chairperson and a Deputy Chairperson from among its members for a two and a half year period, which shall be renewable. The Deputy Chairperson shall exofficio replace the Chairperson in the event of the Chairperson being unable to attend to his/her duties.

4.   The Management Board shall adopt its rules of procedure, on the basis of a proposal by the Commission. Unless otherwise provided, the Management Board shall take its decisions by a majority of its members with the right to vote.

A two-thirds majority of all members with the right to vote is required for the adoption of its rules of procedure, the Agency's internal rules of operation, the budget, the annual work programme, as well as the appointment and the removal of the Executive Director.

5.   Meetings of the Management Board shall be convened by its Chairperson. The Management Board shall hold an ordinary meeting twice a year. It shall also hold extraordinary meetings at the instance of the Chairperson or at the request of at least a third of its members with the right to vote. The Executive Director shall take part in the meetings of the Management Board, without voting rights, and shall provide the Secretariat.

6.   The Management Board shall adopt the Agency's internal rules of operation on the basis of a proposal by the Commission. These rules shall be made public.

7.   The Management Board shall define the general orientations for the operation of the Agency. The Management Board shall ensure that the Agency works in accordance with the principles laid down in Articles 12 to 14 and 23. It shall also ensure consistency of the Agency's work with activities conducted by Member States as well as at Community level.

8.   Before 30 November each year, the Management Board, having received the Commission's opinion, shall adopt the Agency's work programme for the following year. The Management Board shall ensure that the work programme is consistent with the Agency's scope, objectives and tasks as well as with the Community's legislative and policy priorities in the area of network and information security.

9.   Before 31 March each year, the Management Board shall adopt the general report on the Agency's activities for the previous year.

10.   The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (18), unless such departure is specifically required for the Agency's operation and the Commission has given its prior consent.

Article 7

Executive Director

1.   The Agency shall be managed by its Executive Director, who shall be independent in the performance of his/her duties.

2.   The Executive Director shall be appointed by the Management Board on the basis of a list of candidates proposed by the Commission after an open competition following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest. The Executive Director shall be appointed on the grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for network and information security. Before appointment the candidate nominated by the Management Board shall be invited without delay to make a statement before the European Parliament and to answer questions put by members of that institution. The European Parliament or the Council may also ask at any time for a hearing with the Executive Director on any subject related to the Agency's activities. The Executive Director may be removed from office by the Management Board.

3.   The term of office of the Executive Director shall be up to five years.

4.   The Executive Director shall be responsible for:

| (a) | the day-to-day administration of the Agency; |
| --- | --- |

(a)

the day-to-day administration of the Agency;

| (b) | drawing up a proposal for the Agency's work programmes after prior consultation of the Commission and of the Permanent Stakeholders Group; |
| --- | --- |

(b)

drawing up a proposal for the Agency's work programmes after prior consultation of the Commission and of the Permanent Stakeholders Group;

| (c) | implementing the work programmes and the decisions adopted by the Management Board; |
| --- | --- |

(c)

implementing the work programmes and the decisions adopted by the Management Board;

| (d) | ensuring that the Agency carries out its tasks in accordance with the requirements of those using its services, in particular with regard to the adequacy of the services provided; |
| --- | --- |

(d)

ensuring that the Agency carries out its tasks in accordance with the requirements of those using its services, in particular with regard to the adequacy of the services provided;

| (e) | the preparation of the Agency's draft statement of estimates of revenue and expenditure and the implementation of its budget; |
| --- | --- |

(e)

the preparation of the Agency's draft statement of estimates of revenue and expenditure and the implementation of its budget;

| (f) | all staff matters; |
| --- | --- |

(f)

all staff matters;

| (g) | developing and maintaining contact with the European Parliament and ensuring a regular dialogue with its relevant committees; |
| --- | --- |

(g)

developing and maintaining contact with the European Parliament and ensuring a regular dialogue with its relevant committees;

| (h) | developing and maintaining contact with the business community and consumer organisations in order to ensure a regular dialogue with relevant stakeholders; |
| --- | --- |

(h)

developing and maintaining contact with the business community and consumer organisations in order to ensure a regular dialogue with relevant stakeholders;

| (i) | chairing the Permanent Stakeholders Group. |
| --- | --- |

(i)

chairing the Permanent Stakeholders Group.

5.   Each year, the Executive Director shall submit to the Management Board for approval:

| (a) | a draft general report covering all the activities of the Agency in the previous year; |
| --- | --- |

(a)

a draft general report covering all the activities of the Agency in the previous year;

| (b) | a draft work programme. |
| --- | --- |

(b)

a draft work programme.

6.   The Executive Director shall, following adoption by the Management Board, forward the work programme to the European Parliament, the Council, the Commission and the Member States and shall have it published.

7.   The Executive Director shall, following adoption by the Management Board, transmit the Agency's general report to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and shall have it published.

8.   Where necessary and within the Agency's scope, objectives and tasks, the Executive Director may establish, in consultation with the Permanent Stakeholders Group, ad hoc Working Groups composed of experts. The Management Board shall be duly informed. The procedures regarding in particular the composition, the appointment of the experts by the Executive Director and the operation of the ad hoc Working Groups shall be specified in the Agency's internal rules of operation.

Where established, the ad hoc Working Groups shall address in particular technical and scientific matters.

Members of the Management Board may not be members of the ad hoc Working Groups. Representatives of the Commission shall be entitled to be present in their meetings.

Article 8

Permanent Stakeholders Group

1.   The Executive Director shall establish a Permanent Stakeholders Group composed of experts representing the relevant stakeholders, such as Information and Communication Technologies industry, consumer groups and academic experts in network and information security.

2.   The procedures regarding in particular the number, the composition, the appointment of the members by the Executive Director and the operation of the Group shall be specified in the Agency's internal rules of operation and shall be made public.

3.   The Group shall be chaired by the Executive Director. The term of office of its members shall be two and a half years. Members of the Group may not be members of the Management Board.

4.   Representatives of the Commission shall be entitled to be present in the meetings and participate in the work of the Group.

5.   The Group may advise the Executive Director in the performance of his/her duties under this Regulation, in drawing up a proposal for the Agency's work programme, as well as in ensuring communication with the relevant stakeholders on all issues related to the work programme.

SECTION 3

OPERATION

Article 9

Work programme

The Agency shall base its operations on carrying out the work programme adopted in accordance with Article 6(8). The work programme shall not prevent the Agency from taking up unforeseen activities that fall within its scope and objectives and within the given budget limitations.

Article 10

Requests to the Agency

1.   Requests for advice and assistance falling within the Agency's scope, objectives and tasks shall be addressed to the Executive Director and accompanied by background information explaining the issue to be addressed. The Executive Director shall inform the Commission of the requests received. If the Agency refuses a request, justification shall be given.

2.   Requests referred to in paragraph 1 may be made by:

| (a) | the European Parliament; |
| --- | --- |

(a)

the European Parliament;

| (b) | the Commission; |
| --- | --- |

(b)

the Commission;

| (c) | any competent body appointed by a Member State, such as a national regulatory authority as defined in Article 2 of Directive 2002/21/EC. |
| --- | --- |

(c)

any competent body appointed by a Member State, such as a national regulatory authority as defined in Article 2 of Directive 2002/21/EC.

3.   The practical arrangements for the application of paragraphs 1 and 2, regarding in particular the submission, prioritisation and follow up of requests, as well as the information of the Management Board on the requests to the Agency, shall be laid down by the Management Board in the Agency's internal rules of operation.

Article 11

Declaration of interests

1.   The Executive Director, as well as officials seconded by Member States on a temporary basis, shall make a declaration of commitments and a declaration of interests indicating the absence of any direct or indirect interests which might be considered prejudicial to their independence. Such declarations shall be made in writing.

2.   External experts participating in ad hoc Working Groups shall declare at each meeting any interests which might be considered prejudicial to their independence in relation to the items on the agenda.

Article 12

Transparency

1.   The Agency shall ensure that it carries out its activities with a high level of transparency and in accordance with Articles 13 and 14.

2.   The Agency shall ensure that the public and any interested parties are given objective, reliable and easily accessible information, in particular with regard to the results of its work, where appropriate. It shall also make public the declarations of interest made by the Executive Director and by officials seconded by Member States on a temporary basis, as well as the declarations of interest made by experts in relation to items on the agendas of meetings of the ad hoc Working Groups.

3.   The Management Board, acting on a proposal from the Executive Director, may authorise interested parties to observe the proceedings of some of the Agency's activities.

4.   The Agency shall lay down in its internal rules of operation the practical arrangements for implementing the transparency rules referred to in paragraphs 1 and 2.

Article 13

Confidentiality

1.   Without prejudice to Article 14, the Agency shall not divulge to third parties information that it processes or receives for which confidential treatment has been requested.

2.   Members of the Management Board, the Executive Director, the members of the Permanent Stakeholders Group, external experts participating in ad hoc Working Groups, and members of the staff of the Agency including officials seconded by Member States on a temporary basis shall be subject, even after their duties have ceased, to the requirements of confidentiality pursuant to Article 287 of the Treaty.

3.   The Agency shall lay down in its internal rules of operation the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.

Article 14

Access to documents

1.   Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.

2.   The Management Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 within six months of the establishment of the Agency.

3.   Decisions taken by the Agency pursuant to Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Communities, under Articles 195 and 230 of the Treaty respectively.

SECTION 4

FINANCIAL PROVISIONS

Article 15

Adoption of the budget

1.   The revenues of the Agency shall consist of a contribution from the Community and any contribution from third countries participating in the work of the Agency as provided for by Article 24.

2.   The expenditure of the Agency shall include the staff, administrative and technical support, infrastructure and operational expenses, and expenses resulting from contracts entered into with third parties.

3.   By 1 March each year at the latest, the Executive Director shall draw up a draft statement of estimates of the Agency's revenue and expenditure for the following financial year, and shall forward it to the Management Board, together with a draft establishment plan.

4.   Revenue and expenditure shall be in balance.

5.   Each year, the Management Board, on the basis of the draft statement of estimates of revenue and expenditure drawn up by the Executive Director, shall produce a statement of estimates of revenue and expenditure for the Agency for the following financial year.

6.   This statement of estimates, which shall include a draft establishment plan together with the provisional work programme, shall by 31 March at the latest be transmitted by the Management Board to the Commission and the States with which the Community has concluded agreements in accordance with Article 24.

7.   The statement of estimates shall be forwarded by the Commission to the European Parliament and the Council (both hereinafter referred to as the ‘budgetary authority’) together with the preliminary draft general budget of the European Union.

8.   On the basis of this statement of estimates, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall submit to the budgetary authority in accordance with Article 272 of the Treaty.

9.   The budgetary authority shall authorise the appropriations for the subsidy to the Agency.

The budgetary authority shall adopt the establishment plan for the Agency.

10.   The Management Board shall adopt the Agency's budget. It shall become final following final adoption of the general budget of the European Union. Where appropriate, the Agency's budget shall be adjusted accordingly. The Management Board shall forward it without delay to the Commission and the budgetary authority.

11.   The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of the budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

Article 16

Combating fraud

1.   In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) (19) shall apply without restriction.

2.   The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament and the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-fraud Office (OLAF) (20) and shall issue, without delay, the appropriate provisions applicable to all the employees of the Agency.

Article 17

Implementation of the budget

1.   The Executive Director shall implement the Agency's budget.

2.   The Commission's internal auditor shall exercise the same powers over the Agency as over Commission departments.

3.   By 1 March at the latest following each financial year, the Agency's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (21) (hereinafter referred to as the general Financial Regulation).

4.   By 31 March at the latest following each financial year, the Commission's accounting officer shall transmit the Agency's provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for the financial year shall also be transmitted to the budgetary authority.

5.   On receipt of the Court of Auditors' observations on the Agency's provisional accounts, pursuant to Article 129 of the general Financial Regulation, the Executive Director shall draw up the Agency's final accounts under his/her own responsibility and transmit them to the Management Board for an opinion.

6.   The Management Board shall deliver an opinion on the Agency's final accounts.

7.   The Executive Director shall, by 1 July at the latest following each financial year, transmit the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

8.   The final accounts shall be published.

9.   The Executive Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He/she shall also send this reply to the Management Board.

10.   The Executive Director shall submit to the European Parliament, at the latter's request, all information necessary for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the general Financial Regulation.

11.   The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N+ 2, give a discharge to the Executive Director in respect of the implementation of the budget for the year N.

SECTION 5

GENERAL PROVISIONS

Article 18

Legal status

1.   The Agency shall be a body of the Community. It shall have legal personality.

2.   In each of the Member States the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may in particular acquire and dispose of movable and immovable property and be a party to legal proceedings.

3.   The Agency shall be represented by its Executive Director.

Article 19

Staff

1.   The staff of the Agency, including its Executive Director, shall be subject to the rules and regulations applicable to officials and other staff of the European Communities.

2.   Without prejudice to Article 6, the powers conferred on the appointing authority by the Staff Regulations and on the authority authorised to conclude contracts by the Conditions of employment of other servants, shall be exercised by the Agency in respect of its own staff.

The Agency may also employ officials seconded by Member States on a temporary basis and for a maximum of five years.

Article 20

Privileges and Immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency and its staff.

Article 21

Liability

1.   The contractual liability of the Agency shall be governed by the law applicable to the contract in question.

The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Agency.

2.   In the case of non-contractual liability, the Agency shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage.

3.   The personal liability of its servants towards the Agency shall be governed by the relevant conditions applying to the staff of the Agency.

Article 22

Languages

1.   The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (22) shall apply to the Agency. The Member States and the other bodies appointed by them may address the Agency and receive a reply in the Community language of their choice.

2.   The translation services required for the functioning of the Agency shall be provided by the Translation Centre for the Bodies of the European Union (23).

Article 23

Protection of personal data

When processing data relating to individuals, the Agency shall be subject to the provisions of Regulation (EC) No 45/2001.

Article 24

Participation of third countries

1.   The Agency shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and applied Community legislation in the field covered by this Regulation.

2.   Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner of these countries' participation in the Agency's work, including provisions relating to participation in the initiatives undertaken by the Agency, financial contributions and staff.

SECTION 6

FINAL PROVISIONS

Article 25

Review clause

1.   By ... (24), the Commission, taking into account the views of all relevant stakeholders, shall carry out an evaluation on the basis of the terms of reference agreed with the Management Board. The Commission shall undertake the evaluation, notably with the aim to determine whether the duration of the Agency should be extended beyond the period specified in Article 27.

2.   The evaluation shall assess the impact of the Agency on achieving its objectives and tasks, as well as its working practices and envisage, if necessary, the appropriate proposals.

3.   The Management Board shall receive a report on the evaluation and issue recommendations to the Commission regarding any appropriate changes to this Regulation. Both the evaluation findings and recommendations shall be forwarded by the Commission to the European Parliament and the Council and shall be made public.

Article 26

Administrative control

The operations of the Agency are subject to the supervision of the Ombudsman in accordance with the provisions of Article 195 of the Treaty.

Article 27

Duration

The Agency shall be established from ... (25) for a period of five years.

Article 28

Entry into force

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

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 220, 16.9.2003, p. 33.

1

(2)  Position of the European Parliament of 19 November 2003.

2

(3)  OJ L 108, 24.4.2002, p. 33.

3

(4)  Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 24.4.2002, p. 21).

4

(5)  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).

5

(6)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ L 108, 24.4.2002, p. 7).

6

(7)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

7

(8)  Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ L 13, 19.1.2000, p. 12).

8

(9)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).

9

(10)  OJ C 48, 28.2.2003, p. 2.

10

(11)  Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ L 24, 30.1.1998, p. 1). Directive repealed and replaced by Directive 2002/58/EC.

11

(12)  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).

12

(13)  OJ L 200, 30.7.2002, p. 38.

13

(14)  OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

14

(15)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

15

(16)   Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

16

(17)  OJ C 48, 28.2.2003, p. 1.

17

(18)  OJ L 357, 31.12.2002, p. 72.

18

(19)  OJ L 136, 31.5.1999, p. 1.

19

(20)  OJ L 136, 31.5.1999, p. 15.

20

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

21

(22)  OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 1994 Act of Accession.

22

(23)  Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1). Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

23

(24)  Three years from the date of entry into force of this Regulation.

24

(25)  The date of entry into force of this Regulation.

25

P5_TA(2003)0501

Security of supply for petroleum products ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive concerning the alignment of measures with regard to security of supply for petroleum products (COM(2002) 488 — C5-0448/2002 — 2002/0219(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 488) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 488) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0448/2002), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0448/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Environment, Public Health and Consumer Policy (A5-0297/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Environment, Public Health and Consumer Policy (A5-0297/2003),

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

1.

Rejects the Commission proposal;

| 2. | Calls on the Commission to withdraw its proposal; |
| --- | --- |

2.

Calls on the Commission to withdraw its proposal;

| 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 331 E, 31.12.2002, p. 249.

P5_TA(2003)0502

Cancer screening *

European Parliament legislative resolution on the proposal for a Council recommendation on cancer screening (COM(2003) 230 — C5-0322/2003 — 2003/0093(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 230) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 230) (1),

| — | having regard to Article 152(4) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0322/2003), |
| --- | --- |

—

having regard to Article 152(4) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0322/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0381/2003), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0381/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 1 |
| (1) Article 152 of the Treaty provides that Community action is to complement national policies and be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health. | (1) Article 152 of the Treaty provides that Community action is to complement national policies and be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health.
  Furthermore, Article 152 provides that such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education. |
| Amendment 4 |
| Recital 4 |
| (4) Screening allows detection of cancers at an early stage of invasiveness or
  even
  before they become invasive. Some lesions can then be treated more effectively and the patients can expect to be cured. The key indicator for the effectiveness of screening is a decrease in disease-specific mortality or in the occurrence of advanced disease. | (4) Screening allows detection of cancers at an early stage of invasiveness or
  possibly
  before they become invasive. Some lesions can then be treated more effectively and the patients can expect to be cured. The key indicator for the effectiveness of screening is a decrease in disease-specific mortality or in the occurrence of advanced disease. |
| Amendment 5 |
| Recital 5a (new) |
| | (5a) Potentially promising screening tests currently being evaluated include the prostate-specific antigen (PSA) test for prostate cancer, mammography screening for breast cancer for women in the 40-49 age range, immunological Faecal Occult Blood Testing (FOBT) for colorectal (bowel) cancer and flexible colonoscopy for colorectal cancer. |
| Amendment 7 |
| Recital 9 |
| (9) This requires an organisation with a call-recall system
  and
  with quality assurance at all levels, and an effective and appropriate diagnostic
  and
  treatment service. | (9) This requires an organisation with a call-recall system, with quality assurance at all levels, and an effective and appropriate diagnostic
  ,
  treatment
  and after-care
  service
  following evidence-based guidelines. |
| Amendment 8 |
| Recital 10a (new) |
| | (10a) Cancer networks play a crucial role in the exchange of information and knowledge. |
| Amendment 9 |
| Recital 13 |
| (13) This analysis is facilitated if the screening database is linked to cancer registry data. | (13) This analysis is facilitated if the screening database is linked to cancer registry data.
  Cancer registries play an important role in monitoring the impact of screening on the population. Changes in incidence, survival and mortality should be constantly monitored. |
| Amendment 10 |
| Recital 16 |
| (16) Ethical, legal, social, medical, organisational and economic aspects have to be considered
  before decisions can be made on the implementation of
  cancer screening programmes. | (16) Ethical,
  cultural,
  legal, social, medical, organisational and economic aspects should be considered
  , in particular with regard to the accession countries, in order to encourage them to implement
  cancer screening programmes. |
| Amendment 11 |
| Recital 17 |
| (17) Adequate human and financial resources should be available in order to assure the appropriate organisation and quality control. | (17) Adequate human and financial resources should be available in order to assure the appropriate organisation and quality control
  for all Member States
  . |
| Amendment 12 |
| Recital 18 |
| (18) Different socio-economic groups often do not have equal access to screening. Therefore, action should be taken to
  ensure
  equal access. | (18) Different socio-economic groups often do not have equal access to screening. Action should therefore be taken to
  guarantee
  equal access.
  In line with this objective, more mobile screening campaigns should be carried out. |
| Amendment 13 |
| Recital 18a (new) |
| | (18a) Screening policy must be conscious of men and women's different health challenges and needs; as screening for colorectal cancer is the first cancer screen available to men, information on men's take-up and outcomes is therefore especially important to monitor; in addition, given that prostate cancer is becoming more common than lung cancer among men, it is important to continue to raise awareness of symptoms and to keep under continuous review any research and technological developments in the field of prostate cancer screening. |
| Amendment 14 |
| Recital 19 |
| (19) It is an ethical, legal and social prerequisite that cancer screening should only be offered to fully-informed
  healthy
  people if the screening is proved to decrease disease-specific mortality or the incidence of advanced disease, if the benefits and risks are well known, and if the cost-effectiveness of the screening is acceptable. | (19) It is an ethical, legal and social prerequisite that cancer screening should only be offered to fully-informed
  asymptomatic
  people if the screening is proved to decrease disease-specific mortality or the incidence of advanced disease, if the benefits and risks are well known, and if the cost-effectiveness of the screening is acceptable. |
| Amendment 16 |
| Recital 24a (new) |
| | (24a) European collaboration in networks facilitates highquality cancer screening in providing European guidelines of best practice and specific recommendations for the implementation of national cancer screening programmes. |
| RECOMMENDATIONS TO THE MEMBER STATES |
| Amendment 17 |
| Paragraph 1, point (a) |
| (a) | offer evidence-based cancer screening through a systematic population-based approach with quality assurance at all levels. The cancer screening tests listed in the Annex fulfil these requirements; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 1

(1) Article 152 of the Treaty provides that Community action is to complement national policies and be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health.

(1) Article 152 of the Treaty provides that Community action is to complement national policies and be directed towards improving public health, preventing human illness and diseases, and obviating sources of danger to human health.
  Furthermore, Article 152 provides that such action shall cover the fight against the major health scourges, by promoting research into their causes, their transmission and their prevention, as well as health information and education.

Amendment 4

Recital 4

(4) Screening allows detection of cancers at an early stage of invasiveness or
  even
  before they become invasive. Some lesions can then be treated more effectively and the patients can expect to be cured. The key indicator for the effectiveness of screening is a decrease in disease-specific mortality or in the occurrence of advanced disease.

(4) Screening allows detection of cancers at an early stage of invasiveness or
  possibly
  before they become invasive. Some lesions can then be treated more effectively and the patients can expect to be cured. The key indicator for the effectiveness of screening is a decrease in disease-specific mortality or in the occurrence of advanced disease.

Amendment 5

Recital 5a (new)

(5a) Potentially promising screening tests currently being evaluated include the prostate-specific antigen (PSA) test for prostate cancer, mammography screening for breast cancer for women in the 40-49 age range, immunological Faecal Occult Blood Testing (FOBT) for colorectal (bowel) cancer and flexible colonoscopy for colorectal cancer.

Amendment 7

Recital 9

(9) This requires an organisation with a call-recall system
  and
  with quality assurance at all levels, and an effective and appropriate diagnostic
  and
  treatment service.

(9) This requires an organisation with a call-recall system, with quality assurance at all levels, and an effective and appropriate diagnostic
  ,
  treatment
  and after-care
  service
  following evidence-based guidelines.

Amendment 8

Recital 10a (new)

(10a) Cancer networks play a crucial role in the exchange of information and knowledge.

Amendment 9

Recital 13

(13) This analysis is facilitated if the screening database is linked to cancer registry data.

(13) This analysis is facilitated if the screening database is linked to cancer registry data.
  Cancer registries play an important role in monitoring the impact of screening on the population. Changes in incidence, survival and mortality should be constantly monitored.

Amendment 10

Recital 16

(16) Ethical, legal, social, medical, organisational and economic aspects have to be considered
  before decisions can be made on the implementation of
  cancer screening programmes.

(16) Ethical,
  cultural,
  legal, social, medical, organisational and economic aspects should be considered
  , in particular with regard to the accession countries, in order to encourage them to implement
  cancer screening programmes.

Amendment 11

Recital 17

(17) Adequate human and financial resources should be available in order to assure the appropriate organisation and quality control.

(17) Adequate human and financial resources should be available in order to assure the appropriate organisation and quality control
  for all Member States
  .

Amendment 12

Recital 18

(18) Different socio-economic groups often do not have equal access to screening. Therefore, action should be taken to
  ensure
  equal access.

(18) Different socio-economic groups often do not have equal access to screening. Action should therefore be taken to
  guarantee
  equal access.
  In line with this objective, more mobile screening campaigns should be carried out.

Amendment 13

Recital 18a (new)

(18a) Screening policy must be conscious of men and women's different health challenges and needs; as screening for colorectal cancer is the first cancer screen available to men, information on men's take-up and outcomes is therefore especially important to monitor; in addition, given that prostate cancer is becoming more common than lung cancer among men, it is important to continue to raise awareness of symptoms and to keep under continuous review any research and technological developments in the field of prostate cancer screening.

Amendment 14

Recital 19

(19) It is an ethical, legal and social prerequisite that cancer screening should only be offered to fully-informed
  healthy
  people if the screening is proved to decrease disease-specific mortality or the incidence of advanced disease, if the benefits and risks are well known, and if the cost-effectiveness of the screening is acceptable.

(19) It is an ethical, legal and social prerequisite that cancer screening should only be offered to fully-informed
  asymptomatic
  people if the screening is proved to decrease disease-specific mortality or the incidence of advanced disease, if the benefits and risks are well known, and if the cost-effectiveness of the screening is acceptable.

Amendment 16

Recital 24a (new)

(24a) European collaboration in networks facilitates highquality cancer screening in providing European guidelines of best practice and specific recommendations for the implementation of national cancer screening programmes.

RECOMMENDATIONS TO THE MEMBER STATES

Amendment 17

Paragraph 1, point (a)

(a)

offer evidence-based cancer screening through a systematic population-based approach with quality assurance at all levels. The cancer screening tests listed in the Annex fulfil these requirements;

| (a) | offer evidence-based cancer screening through a systematic population-based approach with quality assurance
  and equal access
  at all levels. The cancer screening tests listed in the Annex
  currently
  fulfil these requirements; |
| --- | --- |

(a)

offer evidence-based cancer screening through a systematic population-based approach with quality assurance
  and equal access
  at all levels. The cancer screening tests listed in the Annex
  currently
  fulfil these requirements;

Amendment 18

Paragraph 1, point (b)

| (b) | implement screening programmes in accordance with European guidelines on best practice and should facilitate the further development of best practice for high-quality cancer screening programmes on a national level; |
| --- | --- |

(b)

implement screening programmes in accordance with European guidelines on best practice and should facilitate the further development of best practice for high-quality cancer screening programmes on a national level;

| (b) | implement screening programmes in accordance with European guidelines on best practice and should facilitate the further development of best practice for high-quality cancer screening programmes on a national level
  , including assistance in the introduction of new technologies
  ; |
| --- | --- |

(b)

implement screening programmes in accordance with European guidelines on best practice and should facilitate the further development of best practice for high-quality cancer screening programmes on a national level
  , including assistance in the introduction of new technologies
  ;

Amendment 19

Paragraph 1, point (d)

| (d) | ensure that adequate complementary diagnostic procedures
  and
  treatment of those with a positive screening test are provided for; |
| --- | --- |

(d)

ensure that adequate complementary diagnostic procedures
  and
  treatment of those with a positive screening test are provided for;

| (d) | ensure that adequate complementary diagnostic procedures, treatment,
  psychological support and after care following evidence-based guidelines
  of those with a positive screening test are provided for; |
| --- | --- |

(d)

ensure that adequate complementary diagnostic procedures, treatment,
  psychological support and after care following evidence-based guidelines
  of those with a positive screening test are provided for;

Amendment 20

Paragraph 1, point (da) (new)

| (da) | ensure that appropriate tests are available to all workers exposed to mutagenic and carcinogenic substances; |
| --- | --- |

(da)

Amendment 21

Paragraph 1, point (fa) (new)

| (fa) | facilitate the exchange of experience among Member States through European networks; |
| --- | --- |

(fa)

Amendment 22

Paragraph 1, point (g)

| (g) | set up a systematic invitation and follow-up system and quality assurance at all levels, together with an effective and appropriate diagnostic
  and
  treatment service; |
| --- | --- |

(g)

set up a systematic invitation and follow-up system and quality assurance at all levels, together with an effective and appropriate diagnostic
  and
  treatment service;

| (g) | set up a systematic invitation and follow-up system and quality assurance at all levels, together with and effective and appropriate diagnostic
  ,
  treatment
  and after care
  service
  following evidence-based guidelines
  ; |
| --- | --- |

(g)

set up a systematic invitation and follow-up system and quality assurance at all levels, together with and effective and appropriate diagnostic
  ,
  treatment
  and after care
  service
  following evidence-based guidelines
  ;

Amendment 23

Paragraph 1, point (ga) (new)

| (ga) | introduce a system for inviting people in the age range laid down in this Recommendation to a single session of multiphase screening; |
| --- | --- |

(ga)

Amendment 24

Paragraph 2, point (aa) (new)

| (aa) | encourage and support European research on new methods of screening and follow-up in order to develop new, or improve existing, evidence-based guidelines; |
| --- | --- |

(aa)

Amendment 25

Paragraph 2, point (da) (new)

| (da) | provide a legal framework in order to make necessary linkages between possible databases on screening-, cancer- and mortality-registers in compliance with Directive 95/46/EC and national privacy legislation. |
| --- | --- |

(da)

Amendment 26

Paragraph 3, point (ca) (new)

| (ca) | regularly monitor incidence, survival, mortality and morbidity indicators in the various Member States, according to the standards of the European Network of Cancer Registries, in order to establish the priorities for specific tests compared with others; |
| --- | --- |

(ca)

Amendment 27

Paragraph 5, point (aa) (new)

| (aa) | ensure the right to leave for those who need to take time off work in order to undergo the screening tests; |
| --- | --- |

(aa)

Amendment 28

Paragraph 6, point (b)

| (b) | run trials
  , in addition to those on screening-specific parameters and mortality,
  on subsequent treatment procedures,
  clinical outcome, side effects, morbidity and quality of life; |
| --- | --- |

(b)

run trials
  , in addition to those on screening-specific parameters and mortality,
  on subsequent treatment procedures,
  clinical outcome, side effects, morbidity and quality of life;

| (b) | carry out investigations
  , in addition to those
  based
  on screening-specific parameters and on mortality,
  into the
  clinical outcome, the side effects, the morbidity and the quality of life; |
| --- | --- |

(b)

carry out investigations
  , in addition to those
  based
  on screening-specific parameters and on mortality,
  into the
  clinical outcome, the side effects, the morbidity and the quality of life;

Amendment 29

Paragraph 6, point (da) (new)

| (da) | invest more resources in research into new tests, including genomic tests and into the validation of advanced technology instruments; |
| --- | --- |

(da)

RECOMMENDATIONS TO THE COMMISSION

Amendment 30

Paragraph 2

| 2. | To encourage cooperation between MS and exchange of best practices as regards cancer screening with a view to developing new screening methods or improve existing ones. |
| --- | --- |

2.

To encourage cooperation between MS and exchange of best practices as regards cancer screening with a view to developing new screening methods or improve existing ones.

| 2. | To encourage cooperation between Member States and the exchange of best practices as regards cancer screening
  , whereby cancer networks play a crucial role,
  with a view to developing new screening methods or improving existing ones. |
| --- | --- |

2.

To encourage cooperation between Member States and the exchange of best practices as regards cancer screening
  , whereby cancer networks play a crucial role,
  with a view to developing new screening methods or improving existing ones.

Amendment 31

Paragraph 2a (new)

| (2a) | To promote information campaigns designed to help raise awareness and public understanding about the benefits and risks that cancer screening offers in relation to the early detection of cancer. |
| --- | --- |

(2a)

Amendment 32

Paragraph 2b (new)

| (2b) | To encourage Member States to support European research on cancer screening including the development of new guidelines updating existing guidelines on cancer screening. |
| --- | --- |

(2b)

Amendment 33

Annex Ia (new)

Annex Ia

Promising new screening tests, currently being evaluated in randomised controlled trials, could potentially reduce mortality from cancer. The state of the art should be assessed and continuously updated by European experts in order to propose evidence-based applications, adapt guidelines and inform citizens, health authorities and stake holders on the advantages, risks and costs. Such tests shall include:

| — | mammography screening for women aged 40-49 for breast cancer, |
| --- | --- |

—

mammography screening for women aged 40-49 for breast cancer,

| — | improved Faecal Occult Blood Testing (FOBT) for colorectal cancer, |
| --- | --- |

—

improved Faecal Occult Blood Testing (FOBT) for colorectal cancer,

| — | flexible recto-sigmoïdoscopy or colonoscopy for colorectal cancer, |
| --- | --- |

—

flexible recto-sigmoïdoscopy or colonoscopy for colorectal cancer,

| — | testing for high risk human papilloma virus (HPV) infection for cervical cancer, |
| --- | --- |

—

testing for high risk human papilloma virus (HPV) infection for cervical cancer,

| — | improved methods for the preparation (liquid based cytology) or interpretation of cervical specimens, |
| --- | --- |

—

improved methods for the preparation (liquid based cytology) or interpretation of cervical specimens,

| — | prostate-specific antigen (PSA) testing for prostate cancer. |
| --- | --- |

—

prostate-specific antigen (PSA) testing for prostate cancer.

Once the efficacy of screening methods has been demonstrated, the evaluation of the effectiveness of modified tests or alternative applications may be based on other epidemiologically validated surrogate endpoints if their predictive value is established.

---

(1)  Not yet published in the OJ.

P5_TA(2003)0503

Identification and registration of sheep and goats *

European Parliament legislative resolution on the proposal for a Council regulation on establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EEC) No 3508/92 (COM(2002) 729 — C5-0027/2003 — 2002/0297(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 729) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 729) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0027/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0027/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0386/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0386/2003),

| 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 4 |
| (4) In 1998 the Commission launched a large scale project on livestock electronic identification (IDEA), and its final report was completed 30 April 2002. That project has demonstrated that
  a substantial improvement in
  ovine and caprine
  animal identification systems
  can be achieved by using electronic identifiers for those animals provided certain conditions concerning the accompanying measures are fulfilled. | (4) In 1998 the Commission launched a large-scale project on livestock electronic identification (IDEA), and its final report was completed 30 April 2002. That project has demonstrated that
  reliable registration and identification of
  ovine and caprine
  animals
  can be achieved by using electronic identifiers for those animals provided certain conditions concerning the accompanying measures are fulfilled. |
| Amendment 2 |
| Recital 4a (new) |
| | (4a) The Commission should make all possible endeavours to consult widely with all possible manufacturers in order to develop a cost-effective and practical means of electronic identification as a matter of priority. |
| Amendment 3 |
| Recital 5 |
| (5) The technology of electronic identification in ovine and caprine animals has been developed to such a stage that it can be
  applied
  . Pending the development of the implementing measures required for the proper introduction of
  the system of
  electronic identification on a
  Community-wide scale
  an efficient identification and registration system
  , enabling future developments in the field of implementation of electronic identification on a Community-wide scale to be taken into account, should permit
  the individual identification of the animals and the holding of birth of the animals | (5) The technology of electronic identification in ovine and caprine animals has been developed to such a stage that it can be
  trialled at practical level across all production systems involving sheep in all Member States
  . Pending the development of the implementing measures required for the proper
  and cost-effective
  introduction of electronic identification
  systems
  on a
  voluntary basis,
  an efficient
  Community-wide
  identification and registration system
  based on harmonised minimum standards should be introduced, allowing
  the individual identification of the animals and the holding of birth of the animals. |
| Amendment 4 |
| Recital 5a (new) |
| | (5a) The Joint Research Centre of the Commission should provide detailed technical guidelines, definitions and procedures in the areas of technical characteristics of identifiers and readers; test procedures, acceptance criteria and certification model for agreed test laboratories; procurement of appropriate identifiers and readers; application of identifiers, their reading and recovery; codification of identifiers; common glossary, data dictionary and communication standards. |
| Amendment 5 |
| Recital 5b (new) |
| | (5b) The entire cost of introducing the new electronic identification system should be met by the Community budget since this is a food safety and control measure affecting the whole production chain, and since it is the producers who will have to put into operation and manage the system. |
| Amendment 6 |
| Recital 6 |
| (6) To take into account future developments within the field of electronic identification of ovine and caprine animals, and in particular the experience gained in its implementation thereof, the Commission should submit to the Council a report concerning the possible implementation of the system of electronic identification on a Community-wide scale. | (6) To take into account future developments within the field of electronic identification of ovine and caprine animals, and in particular the experience gained in its implementation thereof, the Commission should submit to the
  European Parliament and the
  Council a report
  on the progress made by the Joint Research Centre and the Member States
  concerning the possible implementation of the
  future
  system of electronic identification on a Community-wide scale. |
| Amendment 7 |
| Recital 7 |
| (7) The Joint Research Centre of the Commission shall provide detailed technical guidelines, definitions and procedures in the areas of technical characteristics of identifiers and readers; test procedures, acceptance criteria and certification model for agreed test laboratories; procurement of appropriate identifiers and readers; application of identifiers, their reading and recovery; codification of identifiers; common glossary, data dictionary and communication standards. | Deleted |
| Amendment 8 |
| Recital 10 |
| (10) In each Member State, a central register should be established comprising an up-to-date list of all holdings which keep animals covered by this Regulation and are situated on its territory, specifying the species, the number of animals kept and their keepers, and the type of production. | Deleted |
| Amendment 9 |
| Recital 11 |
| (11) For the purpose of rapid and accurate tracing of animals each Member State should create a computer database which will record all holdings on its territory and the movements of the animals. | (11) For the purpose of rapid and accurate tracing of animals, each Member State should create a computer database which will record all holdings on its territory and the movements of the animals.
  The requirements with regard to the data to be submitted to the database by each keeper should be determined on a Community basis. The database should also contain up-to-date information on all holdings which keep animals covered by this Regulation and which are situated on its territory, specifying the species, the number of animals kept and their keepers, and the type of production. |
| Amendment 10 |
| Recital 11a (new) |
| | (11a) Until such time as each Member State is able to establish a computer database, a central register should be created, comprising an up-to-date list of all holdings which keep animals covered by this Regulation and which are situated on its territory, specifying the species, the number of animals kept and their keepers, and the type of production. |
| Amendment 11 |
| Recital 13 |
| (13) Persons involved in the trade of animals should keep records of their transactions
  , and the competent authority should have access to these records on request
  . | (13) Persons involved in the trade of animals should keep
  and submit
  records of their transactions
  to the database or the central register
  . |
| Amendment 13 |
| Recital 17a |
| | (17a) Bearing in mind that the sheep and goats sector is a labour-intensive one with a specialised and fast-ageing workforce and a very low level of profitability, an increase in the costs payable by producers could increase the rate at which they leave the land. It would therefore be appropriate for the European Union to meet the entire cost of introducing the individual identification system. |
| Amendment 14 |
| Article 2, point (c) |
| (c) | ‘keeper’ means any natural or legal person responsible, even on a temporary basis, for animals; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 4

(4) In 1998 the Commission launched a large scale project on livestock electronic identification (IDEA), and its final report was completed 30 April 2002. That project has demonstrated that
  a substantial improvement in
  ovine and caprine
  animal identification systems
  can be achieved by using electronic identifiers for those animals provided certain conditions concerning the accompanying measures are fulfilled.

(4) In 1998 the Commission launched a large-scale project on livestock electronic identification (IDEA), and its final report was completed 30 April 2002. That project has demonstrated that
  reliable registration and identification of
  ovine and caprine
  animals
  can be achieved by using electronic identifiers for those animals provided certain conditions concerning the accompanying measures are fulfilled.

Amendment 2

Recital 4a (new)

(4a) The Commission should make all possible endeavours to consult widely with all possible manufacturers in order to develop a cost-effective and practical means of electronic identification as a matter of priority.

Amendment 3

Recital 5

(5) The technology of electronic identification in ovine and caprine animals has been developed to such a stage that it can be
  applied
  . Pending the development of the implementing measures required for the proper introduction of
  the system of
  electronic identification on a
  Community-wide scale
  an efficient identification and registration system
  , enabling future developments in the field of implementation of electronic identification on a Community-wide scale to be taken into account, should permit
  the individual identification of the animals and the holding of birth of the animals

(5) The technology of electronic identification in ovine and caprine animals has been developed to such a stage that it can be
  trialled at practical level across all production systems involving sheep in all Member States
  . Pending the development of the implementing measures required for the proper
  and cost-effective
  introduction of electronic identification
  systems
  on a
  voluntary basis,
  an efficient
  Community-wide
  identification and registration system
  based on harmonised minimum standards should be introduced, allowing
  the individual identification of the animals and the holding of birth of the animals.

Amendment 4

Recital 5a (new)

(5a) The Joint Research Centre of the Commission should provide detailed technical guidelines, definitions and procedures in the areas of technical characteristics of identifiers and readers; test procedures, acceptance criteria and certification model for agreed test laboratories; procurement of appropriate identifiers and readers; application of identifiers, their reading and recovery; codification of identifiers; common glossary, data dictionary and communication standards.

Amendment 5

Recital 5b (new)

(5b) The entire cost of introducing the new electronic identification system should be met by the Community budget since this is a food safety and control measure affecting the whole production chain, and since it is the producers who will have to put into operation and manage the system.

Amendment 6

Recital 6

(6) To take into account future developments within the field of electronic identification of ovine and caprine animals, and in particular the experience gained in its implementation thereof, the Commission should submit to the Council a report concerning the possible implementation of the system of electronic identification on a Community-wide scale.

(6) To take into account future developments within the field of electronic identification of ovine and caprine animals, and in particular the experience gained in its implementation thereof, the Commission should submit to the
  European Parliament and the
  Council a report
  on the progress made by the Joint Research Centre and the Member States
  concerning the possible implementation of the
  future
  system of electronic identification on a Community-wide scale.

Amendment 7

Recital 7

(7) The Joint Research Centre of the Commission shall provide detailed technical guidelines, definitions and procedures in the areas of technical characteristics of identifiers and readers; test procedures, acceptance criteria and certification model for agreed test laboratories; procurement of appropriate identifiers and readers; application of identifiers, their reading and recovery; codification of identifiers; common glossary, data dictionary and communication standards.

Deleted

Amendment 8

Recital 10

(10) In each Member State, a central register should be established comprising an up-to-date list of all holdings which keep animals covered by this Regulation and are situated on its territory, specifying the species, the number of animals kept and their keepers, and the type of production.

Deleted

Amendment 9

Recital 11

(11) For the purpose of rapid and accurate tracing of animals each Member State should create a computer database which will record all holdings on its territory and the movements of the animals.

(11) For the purpose of rapid and accurate tracing of animals, each Member State should create a computer database which will record all holdings on its territory and the movements of the animals.
  The requirements with regard to the data to be submitted to the database by each keeper should be determined on a Community basis. The database should also contain up-to-date information on all holdings which keep animals covered by this Regulation and which are situated on its territory, specifying the species, the number of animals kept and their keepers, and the type of production.

Amendment 10

Recital 11a (new)

(11a) Until such time as each Member State is able to establish a computer database, a central register should be created, comprising an up-to-date list of all holdings which keep animals covered by this Regulation and which are situated on its territory, specifying the species, the number of animals kept and their keepers, and the type of production.

Amendment 11

Recital 13

(13) Persons involved in the trade of animals should keep records of their transactions
  , and the competent authority should have access to these records on request
  .

(13) Persons involved in the trade of animals should keep
  and submit
  records of their transactions
  to the database or the central register
  .

Amendment 13

Recital 17a

(17a) Bearing in mind that the sheep and goats sector is a labour-intensive one with a specialised and fast-ageing workforce and a very low level of profitability, an increase in the costs payable by producers could increase the rate at which they leave the land. It would therefore be appropriate for the European Union to meet the entire cost of introducing the individual identification system.

Amendment 14

Article 2, point (c)

(c)

‘keeper’ means any natural or legal person responsible, even on a temporary basis, for animals;

| (c) | ‘keeper’ means any natural or legal person
  , with the exception of transporters
  , responsible, even on a temporary basis, for animals; |
| --- | --- |

(c)

‘keeper’ means any natural or legal person
  , with the exception of transporters
  , responsible, even on a temporary basis, for animals;

Amendment 15

Article 3, paragraph 1, point (d)

(d) a central register;

(d)
  a computer database or
  a central register;

Amendment 16

Article 3, paragraph 1, point (e)

(e) a computer database.

Deleted

Amendment 17

Article 4, paragraph 1

1. All animals on a holding born after
  1 July 2003
  or intended for intra-Community trade after
  1 July 2003
  shall be identified in accordance with Section A of the Annex within a period to be determined by the Member State as from the birth of the animal and in any case before the animal leaves the holding on which it was born. That period shall not be longer than
  one month
  .

1. All animals on a holding born after
  1 July 2005
  or intended for intra-Community trade after
  1 July 2005
  shall be identified in accordance with Section A of the Annex within a period to be determined by the Member State as from the birth of the animal and in any case before the animal leaves the holding on which it was born. That period shall not be longer than
  six months
  .

By way of derogation Member States may extend the period to
  six months
  for animals kept in extensive farming conditions and in free range. Member States concerned shall inform the Commission of the derogation granted. If necessary implementing rules may be laid down in accordance with the procedure referred to in Article 13(2).

By way of derogation Member States may extend the period to
  nine months
  for animals kept in extensive or free range farming conditions. Member States concerned shall inform the Commission of the derogation granted. If necessary, implementing rules may be laid down in accordance with the procedure referred to in Article 13(2).

Amendment 18

Article 4, paragraph 3, subparagraph 1

3. Any animal imported from a third country after
  1 July 2003
  which has passed the checks laid down by Directive 91/496/EEC and which remains within the Community territory shall be identified in accordance with Section A of the Annex on the holding of destination within a period to be determined by the Member State of at most 14 days after undergoing those checks, and, in any event, before leaving the holding.

3. Any animal imported from a third country after
  1 July 2005
  which has passed the checks laid down by Directive 91/496/EEC and which remains within the Community territory shall be identified in accordance with Section A of the Annex on the holding of destination within a period to be determined by the Member State of at most 14 days after undergoing those checks, and, in any event, before leaving the holding.

Amendment 19

Article 4, paragraph 5

5. No means of identification may be removed or replaced without the permission of the competent authority. Where a means of identification has become illegible or has been lost, a replacement
  bearing the same code
  shall be applied in accordance with this Article. In addition to the code and distinct from it the replacement may bear a mark with the version number of the replacement.

5. No means of identification may be removed or replaced without the permission of the competent authority. Where a means of identification has become illegible or has been lost, a replacement shall be applied in accordance with this Article. In addition to the code and distinct from it the replacement may bear a mark with the version number of the replacement.

Amendment 20

Article 4, paragraph 6a (new)

6a. Without prejudice to the provisions of this Article, Member States may authorise the use of supplementary marking of animals. Supplementary marks may be applied on a temporary or permanent basis. The use of supplementary marks shall be subject to notification of the Commission and the competent authorities of the Member States.

Amendment 21

Article 4, paragraph 7a (new)

7a. Prior to implementing this Regulation, the Commission must undertake an extensive programme of tests and field trials for flocks in both lowland and mountainous regions and publish the results of these trials before proceeding to implementation.

Amendment 22

Article 5, paragraph 1

1. Each keeper of animals shall keep an up-to-date register in accordance with Section B of the Annex.

1. Each keeper of animals shall keep an up-to-date register
  and submit information
  in accordance with Section B of the Annex
  to the competent authority
  .

Amendment 23

Article 6, paragraph 1

1. As from
  1 July 2003
  whenever an animal is moved, it shall be accompanied by a movement document issued by the competent authority and completed by the keeper in accordance with Section C of the Annex.

1. As from
  1 July 2005 at the latest,
  whenever an animal is moved, it shall be accompanied by a movement document issued by the competent authority and completed by the keeper in accordance with Section C of the Annex.

Amendment 24

Article 6, paragraph 2

2. The keeper of the holding of destination shall keep the movement document for a minimum period to be determined by the competent authority but which may not be less than three years.

2. The keeper of the holding of destination shall keep the movement document for a minimum period to be determined by the competent authority but which may not be less than three years.
  The keeper shall submit a copy of the movement document or electronic record to the competent authority. The competent authority shall register the movements referred to in paragraph 1 in the computer database or the central register set up in accordance with Article 8.

Amendment 25

Article 7

Article 7

Member States shall ensure that the competent authority has a central register of all the holdings situated on its territory which keep animals.

This register shall include the identification code of the holding and specify the species and the number of animals kept, their keepers and the type of production. The number of animals kept shall be updated at regular intervals. A holding shall remain on the central register until three consecutive years have elapsed with no animals on the holding.

Deleted

Amendment 26

Article 8, paragraph 1a (new)

Until such time as each Member State is able to establish a computer database, Member States shall ensure that the competent authority has a central register of all the holdings situated on its territory which keep animals. This register shall include the identification code of the holding and specify the species and the number of animals kept, their keepers and the type of production. The number of animals kept shall be updated at regular intervals. A holding shall remain on the central register or the computer database until three consecutive years have elapsed with no animals on the holding.

Amendment 27

Article 9

1.
  Further guidelines and procedures for the implementation of electronic identification shall be adopted according to the procedure referred to in Article 13(2).

1.
  By 31 December 2006 at the latest, the Commission shall submit a new legislative proposal with a view to the general introduction of electronic identification on 1 July 2007.

2.
  The decisions referred to in paragraph 1 shall be adopted
  in order to implement
  general
  electronic identification
  by 1 July 2006. If necessary,
  the Commission shall submit to the Council
  by 31 December 2005
  a report on the experience gained with regard to the implementation of electronic identification
  , accompanied by appropriate proposals amending if appropriate, the date by which general electronic identification should be implemented
  .

2. In order to implement
  Community-wide
  electronic identification
  ,
  the Commission shall submit to the Council
  and the European Parliament, no later than 31 July 2006,
  a report on the experience gained with regard to the implementation of electronic identification.

2a. The report referred to in paragraph 2 shall include a comprehensive cost-benefit analysis of the system proposed, including the financial and welfare implications. The report shall set out the guidelines and procedures for the general implementation of the system, including proposals for any EU financial assistance.

Amendment 28

Article 12, paragraph 2

2. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation
  and
  shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.

2. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation
  . Such national rules shall be submitted for approval to the Commission, which shall ensure that any disparities in the national sanctions scheme do not disturb the operation of the single market. The Member States
  shall
  also
  take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive.

Amendment 29

Article 14a (new)

Article 14a

Within six months of the entry into force of this Regulation, the Commission must present a proposal for the financing, under the general budget of the European Communities, of the establishment of individual identification for ovine and caprine livestock.

Amendment 30

Annex, section A, point 1

1. Animals are identified by an eartag approved by the competent authority, applied to
  each ear
  . Member States may authorise the
  replacement of the second eartag with
  an electronic identifier approved by the competent authority and responding to the technical characteristics listed in point 5.
  From the date referred to in Article 9(2) the replacement of the second eartag with an electronic identifier is obligatory. Both eartags or
  the eartag
  and
  the electronic identifier approved by the competent authority shall bear
  the same
  unique identification code, which makes it possible to identify each animal individually together with the holding on which it was born.

1. Animals are identified by an eartag
  or tattoo
  approved by the competent authority, applied to
  one or both ears
  . Member States may authorise the
  use of
  an electronic identifier approved by the competent authority and responding to the technical characteristics listed in point 5.
  The animal shall have at least one eartag which may also carry the electronic identifier.
  The eartag
  or
  the electronic identifier approved by the competent authority shall bear
  a
  unique identification code, which makes it possible to identify each animal individually together with the holding on which it was born.

Amendment 31

Annex, section A, point 2

2. The eartags shall be applied on a place easily visible at distance.

Deleted

Amendment 32

Annex, section A, point 3: introduction and indent 1

3. The
  eartags and the electronic identifier shall
  contain a code that allows
  to identify
  at least the name, the code or the logo of the competent authority or of the central competent authority of the Member State which allocated the eartag
  and the electronic identifier
  , and the following characters:

| — | the first positions shall identify the Member State of the holding where the animal is first identified.
  For this purpose two-letter or three digit country codes 1 shall be used in accordance with ISO 3166
  ; |
| --- | --- |

—

the first positions shall identify the Member State of the holding where the animal is first identified.
  For this purpose two-letter or three digit country codes 1 shall be used in accordance with ISO 3166
  ;

3. The
  eartag may
  contain a code that allows
  the identification of
  at least the name, the code or the logo of the competent authority or of the central competent authority of the Member State which allocated the eartag,
  and must contain
  the following characters:

| — | the first positions shall identify the Member State of the holding where the animal is first identified;
  the code on the electronic identifier shall be in compliance with ISO 11784
  ; |
| --- | --- |

—

the first positions shall identify the Member State of the holding where the animal is first identified;
  the code on the electronic identifier shall be in compliance with ISO 11784
  ;

Amendment 33

Annex, section A, point 3a (new)

3a. In the situations referred to in Article 4(5), Member States may authorise the use of a special replacement tag. Replacement tags should, as a minimum, carry the identification number of the holding where the animal is kept.

Amendment 34

Annex, section A, point 4

4. The
  eartags
  shall be of flexible plastic material, tamperproof and easy to read throughout the lifetime of the animal and of a design, which will remain attached to the animal without being harmful to it. The
  eartags
  shall not be re-usable and shall consist of two parts, a male part and a female part, and each part shall carry only non-removable inscriptions as provided for in point 3.

4. The
  eartag
  shall be of
  metal or
  flexible plastic material, tamper-proof and easy to read throughout the lifetime of the animal and of a design which will remain attached to the animal without being harmful to it. The
  eartag
  shall not be reusable and shall consist of
  either one or
  two parts, a male part and a female part, and each part shall carry only nonremovable inscriptions as provided for in point 3.

Amendment 35

Annex, section A, point 6

6.
  However for animals intended for slaughter before the age of six months the following identification method may be authorised by the competent authority:

| — | the animals are identified by an eartag approved by the competent authority, applied to each ear. Both eartags shall bear the same inscription, |
| --- | --- |

—

the animals are identified by an eartag approved by the competent authority, applied to each ear. Both eartags shall bear the same inscription,

| — | the eartags shall be of flexible plastic material, tamperproof, easy to read and of a design, which will remain attached to the animal without being harmful to it. The eartags shall not be reusable and shall carry only nonremovable inscriptions, |
| --- | --- |

—

the eartags shall be of flexible plastic material, tamperproof, easy to read and of a design, which will remain attached to the animal without being harmful to it. The eartags shall not be reusable and shall carry only nonremovable inscriptions,

| — | the eartags shall contain at least the two-letter country code, the identification code of the holding of birth and the month of birth. |
| --- | --- |

—

the eartags shall contain at least the two-letter country code, the identification code of the holding of birth and the month of birth.

Member States using this method shall inform the Commission and Member States in the framework of the Committee referred to in Article 13(1).

If
  animals
  identified in accordance with this point are kept beyond the age of six months or are
  intended for intra-Community trade or export to third countries
  , they
  must be identified in accordance with points 1 to 4.

6.
  All
  animals intended for intra-Community trade or export to third countries must be identified in accordance with points 1 to 4.

Amendment 36

Annex, section B, point 2

2. For each animal the up-to-date information on:

2. For each animal
  or batch of animals
  the
  following
  up-to-date information on:

(a) For individual animals:

— the identification code of the animal,

— the identification code of the animal,

— the month and year of birth,

— the month and year of birth,

— the sex,

— the sex,

— the breed and genotype if known,

— the breed and genotype if known,

| — | the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse, |
| --- | --- |

—

the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse,

| — | the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse, |
| --- | --- |

—

the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse,

— the month of death of the animal on the holding,

— the month of death of the animal on the holding,

— replacement of eartags and electronic identifiers,

— replacement of eartags and electronic identifiers,

| — | in the case of animals departing from the holding the identification code of the holding to which the animal was transferred, as well as the date of departure, |
| --- | --- |

—

in the case of animals departing from the holding the identification code of the holding to which the animal was transferred, as well as the date of departure,

| — | in the case of animals departing from the holding the identification code of the holding to which the animal was transferred, as well as the date of departure, |
| --- | --- |

—

in the case of animals departing from the holding the identification code of the holding to which the animal was transferred, as well as the date of departure,

| — | in the case of animals arriving on the holding the identification code of the holding, from which the animal was transferred, as well as the date of arrival. |
| --- | --- |

—

in the case of animals arriving on the holding the identification code of the holding, from which the animal was transferred, as well as the date of arrival.

| — | in the case of animals arriving on the holding the identification code of the holding, from which the animal was transferred, as well as the date of arrival. |
| --- | --- |

—

in the case of animals arriving on the holding the identification code of the holding, from which the animal was transferred, as well as the date of arrival.

or

| (b) | For each batch of animals:







  — | the identification code of the holding from which the batch departs, |
| --- | --- | --- |

(b)

—

the identification code of the holding from which the batch departs,

| — | the number of animals in the batch, |
| --- | --- |

—

the number of animals in the batch,

| — | in the case of animals departing from the holding, the identification code or the address of the holding to which the batch was transferred, as well as the date of departure, or in the event of animals moved to slaughter, the identification code of the slaughterhouse, |
| --- | --- |

—

in the case of animals departing from the holding, the identification code or the address of the holding to which the batch was transferred, as well as the date of departure, or in the event of animals moved to slaughter, the identification code of the slaughterhouse,

| — | in the case of animals arriving on the holding, the identification code or address of the holding from which the batch was transferred, as well as the date of arrival, |
| --- | --- |

—

in the case of animals arriving on the holding, the identification code or address of the holding from which the batch was transferred, as well as the date of arrival,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the data concerning the means of transport and the transporter. |
| --- | --- |

—

the data concerning the means of transport and the transporter.

However for animals identified in accordance with point 6 of Section A, the information provided for in point 2 of this Section shall be provided for each batch of animals having the same identification, and shall include the number of animals.

Amendment 37

Annex, section C, point 1

1. The movement document issued by the competent authority shall contain at least the
  following:

| — | the name of issuing authority; |
| --- | --- |

—

the name of issuing authority;

| — | the date of issue of the movement document; |
| --- | --- |

—

the date of issue of the movement document;

| — | the identification code of the holding; |
| --- | --- |

—

the identification code of the holding;

| — | name and address of the keeper. |
| --- | --- |

—

name and address of the keeper.

1. The movement document issued by the competent authority shall contain at least the
  name of the issuing authority.

Amendment 41

Annex, section C, point 2

2.
  In addition to the information mentioned in paragraph 1
  the movement document shall contain at least the following fields to be completed by the keeper for animals to be moved from the holding:

2. The movement document
  issued by the competent authority shall allow keepers to record either movements of individual animals or movements of animals in batches and
  shall contain at least the following fields to be completed by the keeper for animals to be moved from the holding:

| — | the date, |
| --- | --- |

—

the date,

| — | the identification code of the holding, |
| --- | --- |

—

the identification code of the holding,

| — | name and address of the keeper; |
| --- | --- |

—

name and address of the keeper;

| (a) | For each animal:







  — | the identification code, |
| --- | --- | --- |

(a)

—

the identification code,

| — | the month and year of birth, |
| --- | --- |

—

the month and year of birth,

| — | the sex, |
| --- | --- |

—

the sex,

| — | the breed and genotype if known, |
| --- | --- |

—

the breed and genotype if known,

| — | the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse, |
| --- | --- |

—

the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the data concerning the means of transport and the transporter. |
| --- | --- |

—

the data concerning the means of transport and the transporter.

| (a) | For recording of movements of individual animals:







  — | the identification code, |
| --- | --- | --- |

(a)

—

the identification code,

| — | the month and year of birth, |
| --- | --- |

—

the month and year of birth,

| — | the sex, |
| --- | --- |

—

the sex,

| — | the breed and genotype if known, |
| --- | --- |

—

the breed and genotype if known,

| — | the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse, |
| --- | --- |

—

the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the data concerning the means of transport and the transporter |
| --- | --- |

—

the data concerning the means of transport and the transporter

or,

(b)
  The signature of the keeper.

| (b) | For recording of movements in batches:







  — | the identification code of the holding from which the batch departs |
| --- | --- | --- |

(b)

—

the identification code of the holding from which the batch departs

| — | the number of animals, |
| --- | --- |

—

the number of animals,

| — | the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse, |
| --- | --- |

—

the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the data concerning the means of transport and the transporter. |
| --- | --- |

—

the data concerning the means of transport and the transporter.

However for animals identified in accordance with point 6 of section A, the movement document shall contain at least the following fields to be completed by the keeper for animals to be moved from the holding:

| (a) | For each batch of animals:








  — | the identification code of the holding of birth, |
| --- | --- | --- |

(a)

For each batch of animals:

—

the identification code of the holding of birth,

| — | the month of birth, |
| --- | --- |

—

the month of birth,

| — | the number of animals, |
| --- | --- |

—

the number of animals,

| — | the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse, |
| --- | --- |

—

the identification code of the holding of destination, or in the event of animals moved to a slaughterhouse the identification code of the slaughterhouse,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the data concerning the means of transport and the transporter. |
| --- | --- |

—

the data concerning the means of transport and the transporter.

| (b) | The signature of the keeper. |
| --- | --- |

(b)

The signature of the keeper.

Movement documents must be signed by the keeper responsible for moving either individual animals or batches of animals.

Amendment 39

Annex, section D, point 1, introduction

1. From
  1 July 2004
  the computer database shall contain at least the following information for each holding:

1. From
  1 July 2005
  the computer database shall contain at least the following information for each holding:

Amendment 40

Annex, section D, point 2

2.
  From
  1 July 2005 there shall be an entry in the database for each separate movement of animals. The entry shall comprise at least the following:

| — | the number of animals being moved, |
| --- | --- |

—

the number of animals being moved,

| — | the identification code of the holding of departure, |
| --- | --- |

—

the identification code of the holding of departure,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the identification code of the holding of arrival, |
| --- | --- |

—

the identification code of the holding of arrival,

| — | the date of arrival. |
| --- | --- |

—

the date of arrival.

2.
  No later than
  1 July 2005 there shall be an entry in the database for each separate movement of animals. The entry shall comprise at least the following:

| — | the number of animals being moved, |
| --- | --- |

—

the number of animals being moved,

| — | the identification code of the holding of departure, |
| --- | --- |

—

the identification code of the holding of departure,

| — | the date of departure, |
| --- | --- |

—

the date of departure,

| — | the identification code of the holding of arrival,
  or — where animals are being transported to an abattoir — the identification code of the abattoir, |
| --- | --- |

—

the identification code of the holding of arrival,
  or — where animals are being transported to an abattoir — the identification code of the abattoir,

| — | the date of arrival. |
| --- | --- |

—

the date of arrival.

---

(1)  Not yet published in the OJ.

P5_TA(2003)0504

Minimum stocks of crude oil and/or petroleum products *

European Parliament legislative resolution on the proposal for a Council directive repealing Council Directives 68/414/EEC and 98/93/EC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products, and Council Directive 73/238/ EEC on measures to mitigate the effects of difficulties in the supply of crude oil and petroleum products (COM(2002) 488 — C5-0489/2002 —2002/0221(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 488) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 488) (1),

| — | having regard to Article 100 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0489/2002), |
| --- | --- |

—

having regard to Article 100 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0489/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Economic and Monetary Affairs (A5-0293/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Economic and Monetary Affairs (A5-0293/2003),

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

1.

Rejects the Commission proposal;

| 2. | Calls on the Commission to withdraw its proposal; |
| --- | --- |

2.

Calls on the Commission to withdraw its proposal;

| 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 331 E, 31.12.2002, p. 279.

P5_TA(2003)0505

Waste shipments ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on shipments of waste (COM(2003) 379 — C5-0365/2003 — 2003/0139(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 379) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 379) (1),

| — | having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0365/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0365/2003),

| — | having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

| — | having regard to Rules 67 and 63 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 63 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0391/2003), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0391/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0139

Position of the European Parliament adopted at first reading on 19 November 2003 with a view to the adoption of Regulation (EC) No .../2003 of the European Parliament and of the Council on shipments of waste

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
  Article 175(1)
  thereof,

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

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

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

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

Whereas:

| (1) | The objective
  of the Regulation is protection of the environment and the legal basis is therefore Article 175(1) of the Treaty
  . |
| --- | --- |

(1)

The objective
  of the Regulation is protection of the environment and the legal basis is therefore Article 175(1) of the Treaty
  .

| (2) | Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of waste within, into and out of the European Community (5), has already been substantially amended several times and requires further amendment. It is necessary, in particular, to incorporate in that Regulation the content of Commission Decision 94/774/EC of 24 November 1994 concerning the standard consignment note referred to in Council Regulation (EEC) No 259/93 (6) and of Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93 (7). Regulation (EEC) No 259/93 should therefore be replaced in the interests of clarity. |
| --- | --- |

(2)

Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of waste within, into and out of the European Community (5), has already been substantially amended several times and requires further amendment. It is necessary, in particular, to incorporate in that Regulation the content of Commission Decision 94/774/EC of 24 November 1994 concerning the standard consignment note referred to in Council Regulation (EEC) No 259/93 (6) and of Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93 (7). Regulation (EEC) No 259/93 should therefore be replaced in the interests of clarity.

| (3) | Council Decision 93/98/EEC (8) concerned the conclusion, on behalf of the Community, of the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal, to which the Community has been a party since 1994. By adapting Regulation (EEC) No 259/93, the Council has established rules to curtail and to control such movements designed, inter alia, to make the existing Community system for the supervision and control of waste movements comply with the requirements of the Basel Convention. |
| --- | --- |

(3)

Council Decision 93/98/EEC (8) concerned the conclusion, on behalf of the Community, of the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal, to which the Community has been a party since 1994. By adapting Regulation (EEC) No 259/93, the Council has established rules to curtail and to control such movements designed, inter alia, to make the existing Community system for the supervision and control of waste movements comply with the requirements of the Basel Convention.

| (4) | In its resolution of 14 November 1996 on the review of the Community strategy for waste management (9), the European Parliament called for confirmation that waste for reuse or recycling is a quite specific product and that such products can only be allowed to circulate freely where the objective is the attainment of a mode of management whereby better environmental protection is achieved, and for waste tourism to be avoided. |
| --- | --- |

(4)

In its resolution of 14 November 1996 on the review of the Community strategy for waste management (9), the European Parliament called for confirmation that waste for reuse or recycling is a quite specific product and that such products can only be allowed to circulate freely where the objective is the attainment of a mode of management whereby better environmental protection is achieved, and for waste tourism to be avoided.

| (5) | In its resolution of 24 February 1997 on a Community strategy for waste management (10), the Council voiced its concern at the large-scale movements within the Community of waste for incineration with or without energy recovery, and at the same time encouraged Member States to use a broad range of instruments, including economic instruments where appropriate, in the most coherent way, with a view to achieving their waste policy objectives. |
| --- | --- |

(5)

In its resolution of 24 February 1997 on a Community strategy for waste management (10), the Council voiced its concern at the large-scale movements within the Community of waste for incineration with or without energy recovery, and at the same time encouraged Member States to use a broad range of instruments, including economic instruments where appropriate, in the most coherent way, with a view to achieving their waste policy objectives.

| (6) | Council Decision 97/640/EC of 22 September 1997 (11) concerned the approval, on behalf of the Community, of the amendment to the Basel Convention, laid down in Decision III/I of the Conference of the Parties. By that amendment, all exports of hazardous wastes destined for disposal from countries listed in Annex VII to the Convention to countries not listed therein were prohibited, as were, with effect from 1 January 1998, all such exports of the hazardous wastes referred to in Article 1(1)(a) of the Convention and destined for recovery. Regulation (EEC) No 259/93 was amended accordingly by Council Regulation (EC) No 120/97
   (12). |
| --- | --- |

(6)

Council Decision 97/640/EC of 22 September 1997 (11) concerned the approval, on behalf of the Community, of the amendment to the Basel Convention, laid down in Decision III/I of the Conference of the Parties. By that amendment, all exports of hazardous wastes destined for disposal from countries listed in Annex VII to the Convention to countries not listed therein were prohibited, as were, with effect from 1 January 1998, all such exports of the hazardous wastes referred to in Article 1(1)(a) of the Convention and destined for recovery. Regulation (EEC) No 259/93 was amended accordingly by Council Regulation (EC) No 120/97
   (12).

| (7) | The Community has not yet signed the Basel Convention Protocol on Liability and Compensation as contained in Decision V/29 of the Conference of the Parties. |
| --- | --- |

(7)

The Community has not yet signed the Basel Convention Protocol on Liability and Compensation as contained in Decision V/29 of the Conference of the Parties.

| (8) | In view of the fact that the Community has approved OECD Council Decision C(2001)107 of 14 June 2001 amending OECD Decision C(92)39/final on the control of transfrontier movements of wastes destined for recovery operations (hereinafter ‘the OECD Decision’) in order to harmonise lists and certain other requirements with the Basel Convention, it is necessary to incorporate the content of that Decision in Community legislation. |
| --- | --- |

(8)

In view of the fact that the Community has approved OECD Council Decision C(2001)107 of 14 June 2001 amending OECD Decision C(92)39/final on the control of transfrontier movements of wastes destined for recovery operations (hereinafter ‘the OECD Decision’) in order to harmonise lists and certain other requirements with the Basel Convention, it is necessary to incorporate the content of that Decision in Community legislation.

| (9) | The Community has signed the Stockholm Convention of 22 May 2001 on persistent organic pollutants. |
| --- | --- |

(9)

The Community has signed the Stockholm Convention of 22 May 2001 on persistent organic pollutants.

| (10) | It is important to organise and regulate the supervision and control of shipments of wastes in a way which takes account of the need to preserve, protect and improve the quality of the environment and human health and which promotes a more uniform application of the Regulation throughout the Community. |
| --- | --- |

(10)

It is important to organise and regulate the supervision and control of shipments of wastes in a way which takes account of the need to preserve, protect and improve the quality of the environment and human health and which promotes a more uniform application of the Regulation throughout the Community.

| (11) | It is important to bear in mind that the Basel Convention distinguishes prohibitions or controls of transboundary movements on the basis of whether the waste is hazardous or not, and not whether it goes to recovery or final disposal operations. |
| --- | --- |

(11)

It is important to bear in mind that the Basel Convention distinguishes prohibitions or controls of transboundary movements on the basis of whether the waste is hazardous or not, and not whether it goes to recovery or final disposal operations.

| (12) | It is important to bear in mind the right of each Party to the Basel Convention pursuant to Article 4(1) thereof to prohibit the import of hazardous wastes or of wastes listed in Annex II of the Basel Convention. |
| --- | --- |

(12)

It is important to bear in mind the right of each Party to the Basel Convention pursuant to Article 4(1) thereof to prohibit the import of hazardous wastes or of wastes listed in Annex II of the Basel Convention.

| (13) | It is important to bear in mind the requirement laid down in Article 4(9)(a) of the Basel Convention that transboundary movements of hazardous wastes and of wastes listed in Annex II thereto, shall only be allowed if the State of export does not have the technical capacity and the necessary facilities, capacity or suitable sites in order to manage the wastes in question in an environmentally sound and efficient manner. |
| --- | --- |

(13)

It is important to bear in mind the requirement laid down in Article 4(9)(a) of the Basel Convention that transboundary movements of hazardous wastes and of wastes listed in Annex II thereto, shall only be allowed if the State of export does not have the technical capacity and the necessary facilities, capacity or suitable sites in order to manage the wastes in question in an environmentally sound and efficient manner.

| (14) | It is important to bear in mind the
  requirements
  laid down in
  Article 4(2)(a), (b) and (d)
  of the Basel Convention that
  the generation of hazardous wastes by each Party be reduced to a minimum, that adequate treatment facilities for the environmentally sound management of hazardous wastes shall be located to the extent possible within it, and that
  shipments of hazardous
  waste be
  reduced to the minimum consistent with environmentally sound and efficient management of such waste. |
| --- | --- |

(14)

It is important to bear in mind the
  requirements
  laid down in
  Article 4(2)(a), (b) and (d)
  of the Basel Convention that
  the generation of hazardous wastes by each Party be reduced to a minimum, that adequate treatment facilities for the environmentally sound management of hazardous wastes shall be located to the extent possible within it, and that
  shipments of hazardous
  waste be
  reduced to the minimum consistent with environmentally sound and efficient management of such waste.

| (15) | It is necessary to avoid procedural duplication by recognising other EU legislation that already regulates waste of animal origin, in particular Regulation (EC) No 1774/2002 (13) laying down health rules concerning animal by-products not intended for human consumption and Regulation (EC) No 999/2001 (14) laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, which already contain equivalent provisions covering the overall consignment, channelling and movement (collection, transport, handling, processing and use or disposal, record keeping, accompanying documents and traceability) of animal by-products within, into and out of the Community to prevent them from posing a risk to animal or public health and the environment. |
| --- | --- |

(15)

It is necessary to avoid procedural duplication by recognising other EU legislation that already regulates waste of animal origin, in particular Regulation (EC) No 1774/2002 (13) laying down health rules concerning animal by-products not intended for human consumption and Regulation (EC) No 999/2001 (14) laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, which already contain equivalent provisions covering the overall consignment, channelling and movement (collection, transport, handling, processing and use or disposal, record keeping, accompanying documents and traceability) of animal by-products within, into and out of the Community to prevent them from posing a risk to animal or public health and the environment.

| (16) | Account should also be taken of the requirement laid down in Council Directive 75/442/EEC of 15 July 1975 on waste
   (15), under which Member States are to establish an integrated and adequate network of waste disposal installations, in order to enable the Community as a whole to become self-sufficient in waste disposal and the Member States to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste. |
| --- | --- |

(16)

Account should also be taken of the requirement laid down in Council Directive 75/442/EEC of 15 July 1975 on waste
   (15), under which Member States are to establish an integrated and adequate network of waste disposal installations, in order to enable the Community as a whole to become self-sufficient in waste disposal and the Member States to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste.

| (17) | Regard should also be had to the requirement under Directive 75/442/EEC that Member States draw up waste management plans, as well as the possibility allowed for by that Directive for Member States to take the measures necessary to prevent shipments of waste which are not in accordance with those plans provided that they inform the Commission and the other Member States accordingly. |
| --- | --- |

(17)

Regard should also be had to the requirement under Directive 75/442/EEC that Member States draw up waste management plans, as well as the possibility allowed for by that Directive for Member States to take the measures necessary to prevent shipments of waste which are not in accordance with those plans provided that they inform the Commission and the other Member States accordingly.

| (18) | The Annexes to Directive 75/442/EEC no longer provide a clear body of rules to be applied by the Member States, owing to the recent judgments by the Court of Justice of the European Communities in cases C-228/00 (16) and C-458/00 (17). The Commission should amend the Annexes so as to ensure that the Member States can refer to clear and valid rules. |
| --- | --- |

(18)

The Annexes to Directive 75/442/EEC no longer provide a clear body of rules to be applied by the Member States, owing to the recent judgments by the Court of Justice of the European Communities in cases C-228/00 (16) and C-458/00 (17). The Commission should amend the Annexes so as to ensure that the Member States can refer to clear and valid rules.

| (19) | It is necessary to ensure that, in accordance with Directive 75/442/EEC and other Community legislation on waste, shipments within the Community and imports to Member States are managed, throughout the period of shipment and including final disposal or final recovery in the country of destination, without endangering human health and without using processes or methods which could harm the environment. As regards exports from the Community, it is necessary to ensure that the waste is managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination. |
| --- | --- |

(19)

It is necessary to ensure that, in accordance with Directive 75/442/EEC and other Community legislation on waste, shipments within the Community and imports to Member States are managed, throughout the period of shipment and including final disposal or final recovery in the country of destination, without endangering human health and without using processes or methods which could harm the environment. As regards exports from the Community, it is necessary to ensure that the waste is managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination.

| (20) | Although the supervision and control of shipments of waste within a Member State is a matter for that country, national systems concerning shipments of waste should comply with minimum requirements in order to ensure a high level of protection of the environment and human health. |
| --- | --- |

(20)

Although the supervision and control of shipments of waste within a Member State is a matter for that country, national systems concerning shipments of waste should comply with minimum requirements in order to ensure a high level of protection of the environment and human health.

| (21) | In the case of shipments of hazardous waste, it is appropriate to ensure optimum supervision and control by requiring prior written consent to such shipments. Such a procedure should in turn entail prior notification, which enables the competent authorities to be duly informed so that they can take all necessary measures for the protection of human health and the environment. It should also enable those authorities to raise reasoned objections to such a shipment. |
| --- | --- |

(21)

In the case of shipments of hazardous waste, it is appropriate to ensure optimum supervision and control by requiring prior written consent to such shipments. Such a procedure should in turn entail prior notification, which enables the competent authorities to be duly informed so that they can take all necessary measures for the protection of human health and the environment. It should also enable those authorities to raise reasoned objections to such a shipment.

| (22) | In the case of shipments of non-hazardous waste, it is appropriate to ensure a minimum level of supervision and control by requiring that such shipments be accompanied by certain information. |
| --- | --- |

(22)

In the case of shipments of non-hazardous waste, it is appropriate to ensure a minimum level of supervision and control by requiring that such shipments be accompanied by certain information.

| (23) | In view of the need for a uniform application of the Regulation and for the proper functioning of the internal market, it is necessary in the interests of efficiency to require that notifications be processed through the competent authority of dispatch. |
| --- | --- |

(23)

In view of the need for a uniform application of the Regulation and for the proper functioning of the internal market, it is necessary in the interests of efficiency to require that notifications be processed through the competent authority of dispatch.

| (24) | It is also important to clarify the system of financial guarantees or equivalent insurance. |
| --- | --- |

(24)

It is also important to clarify the system of financial guarantees or equivalent insurance.

| (25) | It is necessary to provide procedural safeguards for the notifier, both in the interests of legal certainty and to ensure the uniform application of the Regulation and the proper functioning of the internal market. |
| --- | --- |

(25)

It is necessary to provide procedural safeguards for the notifier, both in the interests of legal certainty and to ensure the uniform application of the Regulation and the proper functioning of the internal market.

| (26) | In the case of shipments of waste for disposal, it should be possible for Member States to implement the principles of proximity, priority for recovery and self-sufficiency at Community and national levels, in accordance with Directive 75/442/EEC. Member States should take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste
  . Member States should also be able to ensure that the waste management facilities covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (18) apply Best Available Techniques as defined in that Directive and that the waste is treated in accordance with legally binding environmental protections standards in relation to disposal operations established in Community legislation. |
| --- | --- |

(26)

In the case of shipments of waste for disposal, it should be possible for Member States to implement the principles of proximity, priority for recovery and self-sufficiency at Community and national levels, in accordance with Directive 75/442/EEC. Member States should take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste
  . Member States should also be able to ensure that the waste management facilities covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (18) apply Best Available Techniques as defined in that Directive and that the waste is treated in accordance with legally binding environmental protections standards in relation to disposal operations established in Community legislation.

| (27) | In the case of shipments of waste destined for recovery, Member States should be able to ensure that the waste management facilities covered by Directive 96/61/EC apply Best Available Techniques as defined in that Directive. Member States should also be able to ensure
  that the recovery is justified under environmental considerations,
  that waste is treated in accordance with legally binding environmental protection standards in relation to recovery operations established in Community legislation and that waste is treated in accordance with waste management plans established pursuant to Directive 75/442/EEC with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation. |
| --- | --- |

(27)

In the case of shipments of waste destined for recovery, Member States should be able to ensure that the waste management facilities covered by Directive 96/61/EC apply Best Available Techniques as defined in that Directive. Member States should also be able to ensure
  that the recovery is justified under environmental considerations,
  that waste is treated in accordance with legally binding environmental protection standards in relation to recovery operations established in Community legislation and that waste is treated in accordance with waste management plans established pursuant to Directive 75/442/EEC with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation.

| (28) | The absence of mandatory waste treatments and facility requirements at the EU level undermines the creation of a high level of environmental protection across the Community and distort the consolidation of an economically viable internal market for recycling. It is a matter of urgency to fill this gap and to proceed towards the establishment of a Community level playing field for recycling. |
| --- | --- |

(28)

The absence of mandatory waste treatments and facility requirements at the EU level undermines the creation of a high level of environmental protection across the Community and distort the consolidation of an economically viable internal market for recycling. It is a matter of urgency to fill this gap and to proceed towards the establishment of a Community level playing field for recycling.

| (29) | An obligation should be laid down to the effect that waste, hazardous as well as non-hazardous waste, from a shipment that cannot be completed as intended is to be taken back to the country of dispatch or disposed of or recovered in an alternative way. |
| --- | --- |

(29)

An obligation should be laid down to the effect that waste, hazardous as well as non-hazardous waste, from a shipment that cannot be completed as intended is to be taken back to the country of dispatch or disposed of or recovered in an alternative way.

| (30) | It should also be made compulsory that, in the event of an illegal shipment, meaning a shipment in infringement of this Regulation or of international or Community law, the person whose action is the cause of such a shipment should take back the waste involved or make alternative arrangements for its disposal or recovery; failing which, the competent authorities of dispatch or destination, as appropriate, should intervene themselves. |
| --- | --- |

(30)

It should also be made compulsory that, in the event of an illegal shipment, meaning a shipment in infringement of this Regulation or of international or Community law, the person whose action is the cause of such a shipment should take back the waste involved or make alternative arrangements for its disposal or recovery; failing which, the competent authorities of dispatch or destination, as appropriate, should intervene themselves.

| (31) | It is necessary to clarify the scope of the prohibition, laid down in accordance with the Basel Convention in order to protect the environment of the countries concerned, of exports from the Community of any waste destined for disposal in a third country other than an EFTA country. |
| --- | --- |

(31)

It is necessary to clarify the scope of the prohibition, laid down in accordance with the Basel Convention in order to protect the environment of the countries concerned, of exports from the Community of any waste destined for disposal in a third country other than an EFTA country.

| (32) | It is also necessary to clarify the scope of the prohibition, also laid down in accordance with the Basel Convention in order to protect the environment of the countries concerned, of exports of hazardous waste destined for recovery in a country to which the OECD Decision does not apply. In particular, it is necessary to clarify the list of hazardous wastes to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households and residues from the incineration of household waste. |
| --- | --- |

(32)

It is also necessary to clarify the scope of the prohibition, also laid down in accordance with the Basel Convention in order to protect the environment of the countries concerned, of exports of hazardous waste destined for recovery in a country to which the OECD Decision does not apply. In particular, it is necessary to clarify the list of hazardous wastes to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households and residues from the incineration of household waste.

| (33) | Specific arrangements should be maintained for exports of non-hazardous waste destined for recovery in countries to which the OECD Decision does not apply and provision made for them to be further streamlined at a later date.
  A strict and simple procedure regulating and minimising the shipment of non-hazardous waste at international level should be recommended and adopted within the framework of the Basel Convention. |
| --- | --- |

(33)

Specific arrangements should be maintained for exports of non-hazardous waste destined for recovery in countries to which the OECD Decision does not apply and provision made for them to be further streamlined at a later date.
  A strict and simple procedure regulating and minimising the shipment of non-hazardous waste at international level should be recommended and adopted within the framework of the Basel Convention.

| (34) | It should be ensured that exports from the Community
  that are not forbidden
  are managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination.
  The recipient facility should be operated in accordance with occupational health and environmental protection standards that are equivalent to EU standards.
  A list of
  non-binding
  guidelines
  in which guidance may be sought on environmentally sound management
  should be established. |
| --- | --- |

(34)

It should be ensured that exports from the Community
  that are not forbidden
  are managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination.
  The recipient facility should be operated in accordance with occupational health and environmental protection standards that are equivalent to EU standards.
  A list of
  non-binding
  guidelines
  in which guidance may be sought on environmentally sound management
  should be established.

| (35) | Imports into the Community of waste for disposal should be permitted where the exporting country is a Party to the Basel Convention; imports into the Community of waste for recovery should be permitted where the exporting country is one to which the OECD Decision applies or a Party to the Basel Convention; in other cases, however, imports should be allowed only if the exporting country is bound by a bilateral or multilateral agreement or arrangement compatible with Community legislation and in accordance with Article 11 of the Basel Convention. |
| --- | --- |

(35)

Imports into the Community of waste for disposal should be permitted where the exporting country is a Party to the Basel Convention; imports into the Community of waste for recovery should be permitted where the exporting country is one to which the OECD Decision applies or a Party to the Basel Convention; in other cases, however, imports should be allowed only if the exporting country is bound by a bilateral or multilateral agreement or arrangement compatible with Community legislation and in accordance with Article 11 of the Basel Convention.

| (36) | Efficient international co-operation regarding control of shipments of waste is instrumental in ensuring that international shipments of hazardous wastes are controlled. Information exchange, shared responsibility and co-operative efforts between the Community and its Member States and third countries should be promoted with a view to ensuring sound management of waste. The Commission and the Member States shall provide timely and appropriate technical assistance to developing countries and countries with economies in transition to assist them, taking into account their particular needs, to develop and strengthen their institutional and non-institutional capacity in waste management, in monitoring and controlling imports of waste and chemicals and in prevention of illegal shipments. |
| --- | --- |

(36)

Efficient international co-operation regarding control of shipments of waste is instrumental in ensuring that international shipments of hazardous wastes are controlled. Information exchange, shared responsibility and co-operative efforts between the Community and its Member States and third countries should be promoted with a view to ensuring sound management of waste. The Commission and the Member States shall provide timely and appropriate technical assistance to developing countries and countries with economies in transition to assist them, taking into account their particular needs, to develop and strengthen their institutional and non-institutional capacity in waste management, in monitoring and controlling imports of waste and chemicals and in prevention of illegal shipments.

| (37) | This Regulation should reflect the rules regarding exports and imports of waste to and from the Overseas Countries and Territories, as laid down in Council Decision 2001/822/EC of 27 November 2001 on the association of the Overseas Countries and Territories with the European Community (19). |
| --- | --- |

(37)

This Regulation should reflect the rules regarding exports and imports of waste to and from the Overseas Countries and Territories, as laid down in Council Decision 2001/822/EC of 27 November 2001 on the association of the Overseas Countries and Territories with the European Community (19).

| (38) | It must be ensured that imports into the Community are managed without endangering human health and without using processes or methods which could harm the environment as required in Article 4 of Directive 75/442/EEC and in accordance with Community legislation on waste throughout the period of shipment and including final disposal or final recovery in the country of destination. |
| --- | --- |

(38)

It must be ensured that imports into the Community are managed without endangering human health and without using processes or methods which could harm the environment as required in Article 4 of Directive 75/442/EEC and in accordance with Community legislation on waste throughout the period of shipment and including final disposal or final recovery in the country of destination.

| (39) | It is necessary to establish guidelines to determine when a ship or a vehicle becomes a waste pursuant to Article 1(a) of Directive 75/442/EEC, in order to prevent circumvention of the objectives of this Regulation. |
| --- | --- |

(39)

It is necessary to establish guidelines to determine when a ship or a vehicle becomes a waste pursuant to Article 1(a) of Directive 75/442/EEC, in order to prevent circumvention of the objectives of this Regulation.

| (40) | Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. |
| --- | --- |

(40)

Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire.

| (41) | Annexes to this Regulation shall be adopted by under the procedure referred to in Article 18 of Directive 75/442/EEC. |
| --- | --- |

(41)

Annexes to this Regulation shall be adopted by under the procedure referred to in Article 18 of Directive 75/442/EEC.

| (42) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (20). |
| --- | --- |

(42)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (20).

| (43) | Since the objective of the proposed action, which is to ensure protection of the environment when waste is subject to shipment, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects thereof, be better achieved at Community level; the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
| --- | --- |

(43)

Since the objective of the proposed action, which is to ensure protection of the environment when waste is subject to shipment, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects thereof, be better achieved at Community level; the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

1.   This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.

2.   This Regulation applies to shipments of waste:

| (a) | between Member States, within the Community or with transit through third countries; |
| --- | --- |

(a)

between Member States, within the Community or with transit through third countries;

| (b) | imported into the Community from third countries; |
| --- | --- |

(b)

imported into the Community from third countries;

| (c) | exported out of the Community to third countries; |
| --- | --- |

(c)

exported out of the Community to third countries;

| (d) | in transit through the Community, in route from one third country to another. |
| --- | --- |

(d)

in transit through the Community, in route from one third country to another.

3.   The following shall be excluded from the scope of this Regulation:

| (a) | the offloading to shore of waste generated by the normal operation of ships and offshore platforms, including waste water and residues, provided that such waste is subject to the requirements of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78), or other binding international instruments; |
| --- | --- |

(a)

the offloading to shore of waste generated by the normal operation of ships and offshore platforms, including waste water and residues, provided that such waste is subject to the requirements of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78), or other binding international instruments;

| (b) | shipments of waste generated on board civil aeroplanes whilst airborne, for the duration of the flight and until landing; |
| --- | --- |

(b)

shipments of waste generated on board civil aeroplanes whilst airborne, for the duration of the flight and until landing;

| (c) | shipments of radioactive waste as defined in Article 2 of Council Directive 92/3/Euratom of 3 February 1992
   (21); |
| --- | --- |

(c)

shipments of radioactive waste as defined in Article 2 of Council Directive 92/3/Euratom of 3 February 1992
   (21);

| (d) | shipments of waste as referred to in Article 2(1)(b) of Directive 75/442/EEC, where such shipments are already covered by other relevant Community legislation containing similar provisions; |
| --- | --- |

(d)

shipments of waste as referred to in Article 2(1)(b) of Directive 75/442/EEC, where such shipments are already covered by other relevant Community legislation containing similar provisions;

| (e) | shipments of waste from the Antarctic into the Community and in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty; |
| --- | --- |

(e)

shipments of waste from the Antarctic into the Community and in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty;

| (f) | direct shipments of waste generated during an out-of-area operation by part of the armed forces of a Member State, in an international context, from the region concerned to the Member State concerned. |
| --- | --- |

(f)

direct shipments of waste generated during an out-of-area operation by part of the armed forces of a Member State, in an international context, from the region concerned to the Member State concerned.

4.   The following applies to shipments of waste from the Antarctic, which transit through the Community:

Shipments of waste from the Antarctic to countries outside the Community are subject to the provisions of Articles 18 and 20.

5.   The following applies to waste listed in Annex III:

Shipments of waste listed in Annex III and destined for recovery are only subject to the provisions of Articles 3(2) and (3), 17, 19, 20, 21(2), 22, 23, 24, 25, 28, 32, 33(2), 36, 37, 38, 41 and 48
  .

6.
     
  Within 18 months from the entry into force of this Regulation, the Commission shall establish guidelines to determine when a ship or a vehicle becomes a waste pursuant to Article 1(a) of Directive 75/442/EEC, in accordance with the procedure referred to in Article 18 of that Directive.

Article 2

Definitions

For the purposes of this Regulation:

| 1. | waste is as defined in Article 1(a) of Directive 75/442/EEC; |
| --- | --- |

1.

waste is as defined in Article 1(a) of Directive 75/442/EEC;

| 2. | hazardous waste is as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991
   (22); |
| --- | --- |

2.

hazardous waste is as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991
   (22);

| 3. | mixture of wastes means a waste that results from an intentional or unintentional mixing of two or more different wastes and for which
  mixture
  no single entry exists. A single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes; |
| --- | --- |

3.

mixture of wastes means a waste that results from an intentional or unintentional mixing of two or more different wastes and for which
  mixture
  no single entry exists. A single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes;

| 4. | disposal is
  a final operation
  as defined in Article 1(e) of Directive 75/442/EEC; as amended.
  Mixing, repackaging, transhipment, storage or other operations not considered final disposal shall not come under ‘disposal’; |
| --- | --- |

4.

disposal is
  a final operation
  as defined in Article 1(e) of Directive 75/442/EEC; as amended.
  Mixing, repackaging, transhipment, storage or other operations not considered final disposal shall not come under ‘disposal’;

| 5. | recovery is
  a final operation
  as defined in Article 1(f) of Directive 75/442/EEC. Mixing, repackaging, transhipment, storage or other operations not considered final recovery shall not come under ‘recovery’; |
| --- | --- |

5.

recovery is
  a final operation
  as defined in Article 1(f) of Directive 75/442/EEC. Mixing, repackaging, transhipment, storage or other operations not considered final recovery shall not come under ‘recovery’;

| 6. | environmentally sound management means taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste; |
| --- | --- |

6.

environmentally sound management means taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste;

| 7. | ‘Notifier’ means










  (i) | in the case of a shipment originating from a Member State, any natural or legal person governed by the law of that country who intends to carry out a shipment of waste or intends to have a shipment of waste carried out and to whom the duty to notify is assigned, that is to say, one of the persons or bodies listed below and in accordance with the hierarchy established in this listing:










  (a) | the person whose activities produced the waste; or |
| --- | --- | --- | --- |

7.

‘Notifier’ means

(i)

in the case of a shipment originating from a Member State, any natural or legal person governed by the law of that country who intends to carry out a shipment of waste or intends to have a shipment of waste carried out and to whom the duty to notify is assigned, that is to say, one of the persons or bodies listed below and in accordance with the hierarchy established in this listing:

(a)

the person whose activities produced the waste; or

| (b) | the person licensed to carry out, and carrying out, pre-processing, mixing or other operations changing the nature or composition of the waste prior to shipment; or |
| --- | --- |

(b)

the person licensed to carry out, and carrying out, pre-processing, mixing or other operations changing the nature or composition of the waste prior to shipment; or

| (c) | a licensed collector who, from various small quantities of the same type of waste stream collected from a variety of sources, has compiled the shipment; |
| --- | --- |

(c)

a licensed collector who, from various small quantities of the same type of waste stream collected from a variety of sources, has compiled the shipment;

| (d) | where the persons specified in points (a), (b) and (c) are unknown, insolvent or otherwise unavailable, a licensed collector or a registered dealer or broker; |
| --- | --- |

(d)

where the persons specified in points (a), (b) and (c) are unknown, insolvent or otherwise unavailable, a licensed collector or a registered dealer or broker;

| (e) | where the person specified in point (d) is unknown, insolvent or otherwise unavailable, the holder; |
| --- | --- |

(e)

where the person specified in point (d) is unknown, insolvent or otherwise unavailable, the holder;

| (ii) | in the case of import into the Community or transit through the Community of waste that did not originate within a Member State, any natural or legal person under the jurisdiction of that originating country who intends to carry out a shipment of waste or intends to have, or who has had, a shipment of waste carried out:










  (a) | the person designated by the laws of the country of export; or, in the absence of any such designation, |
| --- | --- | --- |

(ii)

in the case of import into the Community or transit through the Community of waste that did not originate within a Member State, any natural or legal person under the jurisdiction of that originating country who intends to carry out a shipment of waste or intends to have, or who has had, a shipment of waste carried out:

(a)

the person designated by the laws of the country of export; or, in the absence of any such designation,

| (b) | the person having possession or legal control of the waste or who had such possession or legal control at the time the export took place (the holder); |
| --- | --- |

(b)

the person having possession or legal control of the waste or who had such possession or legal control at the time the export took place (the holder);

| 8. | ‘producer’ is anyone whose activities produce waste (original producer) and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste (new producer) and as defined in Article 1(b) of Directive 75/442/EEC; |
| --- | --- |

8.

‘producer’ is anyone whose activities produce waste (original producer) and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste (new producer) and as defined in Article 1(b) of Directive 75/442/EEC;

| 9. | ‘holder’ is the producer of the waste or the natural or legal person who is in possession of it and as defined in Article 1(c) of Directive 75/442/EEC; |
| --- | --- |

9.

‘holder’ is the producer of the waste or the natural or legal person who is in possession of it and as defined in Article 1(c) of Directive 75/442/EEC;

| 10. | ‘collector’ is anyone who gathers, sorts and/or mixes waste for the purpose of transport and as defined in Article 1(g) of Directive 75/442/EEC; |
| --- | --- |

10.

‘collector’ is anyone who gathers, sorts and/or mixes waste for the purpose of transport and as defined in Article 1(g) of Directive 75/442/EEC;

| 11. | ‘consignee’ means the person or undertaking under the jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal; |
| --- | --- |

11.

‘consignee’ means the person or undertaking under the jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal;

| 12. | ‘competent authority’ means:






  (i) | in the case of Member States, the body designated by the Member State concerned in accordance with Article 56; or |
| --- | --- | --- |

12.

‘competent authority’ means:

(i)

in the case of Member States, the body designated by the Member State concerned in accordance with Article 56; or

| (ii) | in the case of a non Member State that is a Party to the Basel Convention, the body designated by that country as the competent authority for the purposes of that Convention in accordance with Article 5 of the Convention; or |
| --- | --- |

(ii)

in the case of a non Member State that is a Party to the Basel Convention, the body designated by that country as the competent authority for the purposes of that Convention in accordance with Article 5 of the Convention; or

| (iii) | in the case of any country not within (i) or (ii) above, the body that has been designated as the competent authority by the country or region concerned or, in the absence of any such designation, the regulatory authority for the country, or region, as appropriate, which has jurisdiction over transfrontier shipments of waste for recovery or disposal or transit as the case may be; |
| --- | --- |

(iii)

in the case of any country not within (i) or (ii) above, the body that has been designated as the competent authority by the country or region concerned or, in the absence of any such designation, the regulatory authority for the country, or region, as appropriate, which has jurisdiction over transfrontier shipments of waste for recovery or disposal or transit as the case may be;

| 13. | ‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated; |
| --- | --- |

13.

‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated;

| 14. | ‘competent authority of destination’ means the competent authority, for the area to which the shipment is planned or takes place, or in which waste is loaded prior to disposal or recovery in an area not under the national jurisdiction of any country; |
| --- | --- |

14.

‘competent authority of destination’ means the competent authority, for the area to which the shipment is planned or takes place, or in which waste is loaded prior to disposal or recovery in an area not under the national jurisdiction of any country;

| 15. | ‘competent authority of transit’ means the competent authority for the country through which the shipment is planned or takes place; |
| --- | --- |

15.

‘competent authority of transit’ means the competent authority for the country through which the shipment is planned or takes place;

| 16. | ‘country of dispatch’ means any country from which a shipment of waste is planned to be initiated or is initiated;
  in the case of waste ships or vessels, country of dispatch may also include port states, flag states, and/or states with jurisdiction over the owner or holder; |
| --- | --- |

16.

‘country of dispatch’ means any country from which a shipment of waste is planned to be initiated or is initiated;
  in the case of waste ships or vessels, country of dispatch may also include port states, flag states, and/or states with jurisdiction over the owner or holder;

| 17. | ‘country of destination’ means any country to which a shipment of waste is planned or takes place for disposal or recovery therein, or for the purpose of loading prior to disposal or recovery in an area not under national jurisdiction of any country; |
| --- | --- |

17.

‘country of destination’ means any country to which a shipment of waste is planned or takes place for disposal or recovery therein, or for the purpose of loading prior to disposal or recovery in an area not under national jurisdiction of any country;

| 18. | ‘country of transit’ means any country, other than the country of dispatch or destination, through
  whose area of national jurisdiction or territorial waters
  a shipment of waste is planned or takes place; |
| --- | --- |

18.

‘country of transit’ means any country, other than the country of dispatch or destination, through
  whose area of national jurisdiction or territorial waters
  a shipment of waste is planned or takes place;

| 19. | Overseas Countries and Territories means the 20 overseas countries and territories as listed in Annex 1A of Decision 2001/822/EC; |
| --- | --- |

19.

Overseas Countries and Territories means the 20 overseas countries and territories as listed in Annex 1A of Decision 2001/822/EC;

| 20. | ‘customs office of export from the Community’ is the customs office as defined in Article 161(5) of Council Regulation (EEC) No 2913/92
   (23); |
| --- | --- |

20.

‘customs office of export from the Community’ is the customs office as defined in Article 161(5) of Council Regulation (EEC) No 2913/92
   (23);

| 21. | ‘customs office of exit from the Community’ is the customs office as defined in Article 793(2) of Commission Regulation (EEC) No 2454/93
   (24); |
| --- | --- |

21.

‘customs office of exit from the Community’ is the customs office as defined in Article 793(2) of Commission Regulation (EEC) No 2454/93
   (24);

| 22. | ‘customs office of entry into the Community’ is the customs office where waste brought into the customs territory of the Community shall be conveyed to in accordance with the provisions laid down in Article 38(1) of Regulation (EEC) No 2913/92; |
| --- | --- |

22.

‘customs office of entry into the Community’ is the customs office where waste brought into the customs territory of the Community shall be conveyed to in accordance with the provisions laid down in Article 38(1) of Regulation (EEC) No 2913/92;

| 23. | ‘Community’ means the territory of the Community; |
| --- | --- |

23.

‘Community’ means the territory of the Community;

| 24. | ‘import’ means any entry of waste into the territory of the Community; |
| --- | --- |

24.

‘import’ means any entry of waste into the territory of the Community;

| 25. | a ‘transboundary shipment’ means:
  any shipment of waste between a country and another country; or






  — | any shipment of waste between a country and Overseas Countries and Territories or other areas, under the former's protection; or |
| --- | --- | --- |

25.

a ‘transboundary shipment’ means:

any shipment of waste between a country and another country; or

—

any shipment of waste between a country and Overseas Countries and Territories or other areas, under the former's protection; or

| — | any shipment of waste between a country and any land area which is not part of any country under international law; or |
| --- | --- |

—

any shipment of waste between a country and any land area which is not part of any country under international law; or

| — | any shipment of waste between a country and the Antarctic regions; or |
| --- | --- |

—

any shipment of waste between a country and the Antarctic regions; or

| — | any shipment of waste from one country which is planned or takes place through any of the areas described above; or |
| --- | --- |

—

any shipment of waste from one country which is planned or takes place through any of the areas described above; or

| — | any shipment of waste within a country that is planned or takes place through any other area of the areas described above; or |
| --- | --- |

—

any shipment of waste within a country that is planned or takes place through any other area of the areas described above; or

| — | any shipment of waste which is planned or takes place in a geographic area not under the jurisdiction of any country, to a country. |
| --- | --- |

—

any shipment of waste which is planned or takes place in a geographic area not under the jurisdiction of any country, to a country.

TITLE II

SHIPMENTS BETWEEN MEMBER STATES WITHIN THE COMMUNITY OR WITH TRANSIT THROUGH THIRD COUNTRIES

CHAPTER 1

GENERAL PRINCIPLES

Article 3

Overall procedural framework

1.   Shipments of the following waste are subject to the procedure of prior written notification and consent as laid down in the provisions of this Title:

| (a) | If destined for disposal operations:






  (i) | all waste |
| --- | --- | --- |

(a)

If destined for disposal operations:

(i)

all waste

| (b) | If destined for recovery operations:







  (i) | waste listed in Annex IV; |
| --- | --- | --- |

(b)

If destined for recovery operations:

(i)

waste listed in Annex IV;

| (ii) | waste listed in Annex IV A; |
| --- | --- |

(ii)

waste listed in Annex IV A;

| (iii) | waste not classified under one single entry in either Annex III, IV or Annex IV A; |
| --- | --- |

(iii)

waste not classified under one single entry in either Annex III, IV or Annex IV A;

| (iv) | mixtures of waste not classified under one single entry in either Annex III, IV or Annex IV A; |
| --- | --- |

(iv)

mixtures of waste not classified under one single entry in either Annex III, IV or Annex IV A;

| (v) | mixed municipal waste (heading 20 03 01 of part 2 of Annex V) from private households. |
| --- | --- |

(v)

mixed municipal waste (heading 20 03 01 of part 2 of Annex V) from private households.

2.   Shipments of the following waste and destined for recovery are subject to the general requirement of
  prior written notification to the competent authorities and the requirement of
  being accompanied by certain information as laid down in Article 17 in Chapter 3 of this Title:

Waste listed in Annex III.

3.   In exceptional cases the following shall apply:

For wastes listed in Annex III the relevant provisions shall be applied as if they had been listed in Annex IV, if they display any of the hazardous characteristics listed in Annex III of Directive 91/689/EEC.

These wastes shall be determined in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC. Such wastes shall be listed in Annexes IV A and V.

4.   Shipments of waste explicitly destined for laboratory analysis
  or experimental purposes
  to assess either its physical or chemical characteristics or to determine its suitability for recovery or disposal operations and not exceeding 25 kg are not subject to the procedure of prior written notification and consent as described in paragraph 1.

Instead the procedural requirements of Articles 17 and 18 apply, however with the modification that only the information listed in Article 17(1)(a) to (d) and (f) shall be provided.

The amount of such waste excepted when explicitly destined for laboratory analysis shall be determined by the minimum quantity reasonably needed to adequately perform the analysis in each particular case, but not more than 25 kg.

5.   Shipments of waste consisting, containing or contaminated with the chemicals listed in Annex A, B and C of the Stockholm Convention of 22 May 2001 on persistent organic pollutants (POPs), as amended, hereinafter the Stockholm Convention, and listed in Annex VII are subject to the same provisions as shipments of waste destined for disposal.

Limit values for the chemicals listed in Annex VII shall be established
  by 31 December 2005
  in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC.

6.
     
  Shipments of waste intended for mixing, repackaging, transhipment, storage or any other operation not considered final disposal or final recovery shall not be permitted.

CHAPTER 2

PRIOR WRITTEN NOTIFICATION AND CONSENT

Article 4

Procedure of prior written notification and consent

1.   Where the notifier intends to ship waste as defined in Article 3(1)(a) or (b) from one Member State to another Member State and/or pass it in transit through one or several other Member States, he/she shall make a prior written notification to and through the competent authority of
  dispatch
  .

2.   
  The
  shipment may start after the notifier has received:

| (a) | written consent from the competent authority of dispatch; |
| --- | --- |

(a)

written consent from the competent authority of dispatch;

| (b) | written consent from the competent authority of destination; and |
| --- | --- |

(b)

written consent from the competent authority of destination; and

| (c) | written consent from the competent authority of transit or after the 30 day time limit for the competent authority of transit referred to in Article 10(1) has expired and tacit consent can be assumed. |
| --- | --- |

(c)

written consent from the competent authority of transit or after the 30 day time limit for the competent authority of transit referred to in Article 10(1) has expired and tacit consent can be assumed.

3.   The shipment may only be started and shall end during the period when the consents of all competent authorities regarding a notification are valid according to Article 10(4) and (5).

Ending the shipment means that, in the importing country, the waste concerned has been finally disposed of or finally recovered.

4.   A copy of the notification and movement documents, including copies of the authorisations of the competent authorities concerned, shall accompany each shipment.

Article 5

Notification requirements

When a notification is made the following requirements shall be fulfilled:

| 1. | Notification and movement documents:
  Notification shall be effected by means of the following documents:






  (a) | the notification document in Annex I A; and |
| --- | --- | --- |

1.

Notification and movement documents:

Notification shall be effected by means of the following documents:

(a)

the notification document in Annex I A; and

| (b) | the movement document in Annex I B. |
| --- | --- |

(b)

the movement document in Annex I B.

In making a notification, the notifier shall fill in the notification document and the movement document.

The notification document and the movement document shall be issued to the notifier by the competent authority of dispatch
  or issued under specific regulations introduced by and in the Member State of dispatch
  .

| 2. | Information and documentation in the notification and movement documents:
  The notifier shall supply on or annexed to the notification document and movement document, information and documentation as listed in Annex II, Part 1 and 2 respectively.
  A notification shall be considered properly filled-in when the notification document and movement document are filled out and the information and documentation as listed in Annex II, Part 1 and 2 are supplied by the notifier. |
| --- | --- |

2.

Information and documentation in the notification and movement documents:

The notifier shall supply on or annexed to the notification document and movement document, information and documentation as listed in Annex II, Part 1 and 2 respectively.

A notification shall be considered properly filled-in when the notification document and movement document are filled out and the information and documentation as listed in Annex II, Part 1 and 2 are supplied by the notifier.

| 3. | Additional information and documentation:

  If one of the competent authorities (dispatch, transit or destination) on receipt of a properly completed notification requires further information, the notifier shall supply additional information and documentation.


  Requests for additional information must be made by the authorities within 5 working days after either sending out the properly completed form (authority of dispatch) or receiving it (authority of transit or destination).

  A list of additional information and documentation that may be requested is listed in Annex II, Part 3.
  A notification shall be considered properly completed when the notification document and the movement document are filled-in and the information and documentation as listed in Annex II, Part 1 and 2, as well as any additional information and documentation as requested in accordance with this paragraph and as listed in Annex II, Part 3, are supplied by the notifier. |
| --- | --- |

3.

Additional information and documentation:

A list of additional information and documentation that may be requested is listed in Annex II, Part 3.

A notification shall be considered properly completed when the notification document and the movement document are filled-in and the information and documentation as listed in Annex II, Part 1 and 2, as well as any additional information and documentation as requested in accordance with this paragraph and as listed in Annex II, Part 3, are supplied by the notifier.

| 4. | Establishment of a contract between the notifier and the consignee:
  The notifier shall establish a contract as described in Article 6 with the consignee for the recovery or disposal of the notified waste.
  The contract shall be established and legally binding at the time of notification.
  Evidence of this contract shall be supplied to the competent authorities involved at the time of notification.
  A copy of the contract shall be provided by the notifier or consignee upon request by the competent authority concerned. |
| --- | --- |

4.

Establishment of a contract between the notifier and the consignee:

The notifier shall establish a contract as described in Article 6 with the consignee for the recovery or disposal of the notified waste.

The contract shall be established and legally binding at the time of notification.

Evidence of this contract shall be supplied to the competent authorities involved at the time of notification.

A copy of the contract shall be provided by the notifier or consignee upon request by the competent authority concerned.

| 5. | Establishment of financial guarantee or equivalent insurance:
  The notifier shall establish a financial guarantee or equivalent insurance as described in Article 7.
  The financial guarantee or equivalent
  insurance shall
  apply to the notified shipment
  and shall be established and legally binding before
  the shipment starts.


  The notifier shall supply
  evidence of this financial guarantee or equivalent
  insurance to
  the competent authorities concerned
  before the shipment starts
  .

  Where the waste shipment is carried out by a public-law entity, a municipal undertaking, a company run on its own account by a public-law entity of undoubted probity and solvency, the relevant authorities involved may dispense with the guarantee requirement. |
| --- | --- |

5.

Establishment of financial guarantee or equivalent insurance:

The notifier shall establish a financial guarantee or equivalent insurance as described in Article 7.

The financial guarantee or equivalent
  insurance shall
  apply to the notified shipment
  and shall be established and legally binding before
  the shipment starts.

The notifier shall supply
  evidence of this financial guarantee or equivalent
  insurance to
  the competent authorities concerned
  before the shipment starts
  .

| 6. | Coverage of the notification:
  Notification shall cover all stages of the shipment — including any intermediate stage of the shipment — from the first place of dispatch to its final destination of recovery and/or disposal.
  A notification may only cover one waste entry. |
| --- | --- |

6.

Coverage of the notification:

Notification shall cover all stages of the shipment — including any intermediate stage of the shipment — from the first place of dispatch to its final destination of recovery and/or disposal.

A notification may only cover one waste entry.

Article 6

Contract

1.   All shipments of waste for which notification is required are subject to the requirement of establishment of a contract between the notifier and the consignee for the recovery or disposal of the notified waste.

2.   The contract shall be established and legally binding at the time of notification.

3.   The contract shall include the obligation:

| — | of the notifier, in accordance with Articles 22 and 24, to take the waste back if the shipment has not been completed as intended or if it has been effected in violation of this Regulation; and |
| --- | --- |

—

of the notifier, in accordance with Articles 22 and 24, to take the waste back if the shipment has not been completed as intended or if it has been effected in violation of this Regulation; and

| — | of the consignee to provide in accordance with Article 15(e), a certificate for final recovery or disposal in accordance with the notification and the conditions therein and the requirements of this
  Regulation
  . |
| --- | --- |

—

of the consignee to provide in accordance with Article 15(e), a certificate for final recovery or disposal in accordance with the notification and the conditions therein and the requirements of this
  Regulation
  .

4.   
  Should
  the waste be shipped between two establishments under the control of the same legal entity, this contract may be replaced by a declaration by the entity in question undertaking to recover or dispose of the notified waste.

Article 7

Financial guarantee

1.   All shipments of waste for which notification is required are subject to the requirement of a financial guarantee(s) or equivalent insurance(s) covering:

| (a) | costs for transport; |
| --- | --- |

(a)

costs for transport;

| (b) | costs for final disposal or final recovery; and |
| --- | --- |

(b)

costs for final disposal or final recovery; and

| (c) | costs covering storage. |
| --- | --- |

(c)

costs covering storage.

This also includes costs arising in the context of:

| (a) | cases where a shipment cannot be completed as intended as referred to in Article 22; and |
| --- | --- |

(a)

cases where a shipment cannot be completed as intended as referred to in Article 22; and

| (b) | cases where a shipment is illegal as referred to in Article 24. |
| --- | --- |

(b)

cases where a shipment is illegal as referred to in Article 24.

2.   The financial guarantee or equivalent
  insurance shall
  apply to the notified shipment
  and shall be established and legally binding before
  the shipment starts.

3.   The financial guarantee(s) or equivalent insurance(s) shall be valid and shall cover a notified shipment throughout the shipment and including completion of final recovery or
  disposal
  .

4.   The amount of the coverage of the financial guarantee(s) or equivalent insurance(s) shall be approved by the competent authority of dispatch.

However, in cases of import into the Community, the competent authority of destination in the Community shall approve the amount of coverage.

5.   All competent authorities concerned shall have access to the financial guarantee(s) or equivalent insurance(s).

6.   Financial guarantee(s) or equivalent insurance(s) shall be released when the notifier has provided proof that the waste has reached its destination and has been finally disposed of or finally recovered in an environmentally sound manner.

Such proof shall be provided by means of the certificate for final disposal or recovery as referred to in Article
  15(e)
  .

7.   In case of a general notification pursuant to Article 14, financial guarantee(s) or equivalent insurance(s) covering parts of the general notification may be established, instead of one covering the entire general notification.

In such cases, the financial guarantee(s) or equivalent insurance(s) shall be applied to the shipment at the latest when the notified shipment they cover starts.

The financial guarantee(s) or equivalent insurance(s) shall be released when the notifier provides proof, that the waste covered by each has reached its destination and has been finally disposed of or finally recovered in an environmentally sound manner. Such proof shall be provided by means of the certificate for final disposal or recovery as referred to in Article 15(e).

8.   A
  straightforward
  method for calculation of the financial guarantee(s) or equivalent insurance(s)
  shall
  be established in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC before 1 January 2005
  .

9.   Each Member State shall inform the Commission and the other Member States of provisions established in national law pursuant to this Article.

Article 8

Transmission of the notification by the competent authority of dispatch

1.   Upon receipt of a properly filled-in notification as described in Article 5(2), the competent authority of dispatch shall transmit copies of the notification to the other competent authorities concerned and to the consignee and shall inform the notifier of the transmission.

This shall be done within three working days of receipt of the notification.

2.   If the notification is not properly filled-in, the competent authority of dispatch
  shall
  request information and documentation from the notifier in accordance with Article 5(2).

This shall be done within three working days of receipt of the notification.

In such cases the three-day time limit in paragraph 1 is suspended until the requested information and documentation is received by the competent authority of dispatch.

3.
     
  Where the notification is not properly filled in even after receipt of the requested information and documentation, the competent authority of dispatch shall inform the notifier of this without delay.

4.   The competent authority of dispatch may decide not to proceed with notification if it has immediate objections to raise against the shipment in accordance with Articles 12 and 13 on objections.

It shall immediately inform the notifier of these objections.

5.   If, within 30 days of receipt of the notification, the competent authority of dispatch has not transmitted the notification as required under paragraph 1, it shall, if so requested by the notifier, provide a reasoned explanation
  within three days
  .

A copy of any such reasoned explanation shall be sent to the competent authorities concerned.

Article 9

Acknowledgement by the competent authority of destination

1.   Upon receipt of a properly completed notification as defined in Article 5(3), the competent authority of destination shall send an acknowledgement to the notifier and copies to the other competent authorities concerned and to the consignee.

This shall be done within three working days of receipt of the notification.

2.   If the notification is not properly completed, the competent authority of destination
  shall
  request information and documentation from the notifier in accordance with Article 5(2) and (3).

This shall be done within 3 working days of receipt of the notification.

In such cases the three-day time limit in paragraph 1 is suspended until the requested information and documentation is received by the competent authority of destination.

3.
     
  Where the notification is not properly filled in even after receipt of the requested information and documentation, the competent authority of destination shall inform the notifier of this without delay.

4.   The competent authority of destination shall notify the notifier and the other competent authorities concerned of this suspension.

5.   If, within 30 days of receipt of the notification, the competent authority of destination has not acknowledged the notification as required under paragraph 1, it shall, if so requested by the notifier, provide a reasoned explanation
  within 3 days
  .

A copy of any such reasoned explanation shall be sent to the competent authorities concerned.

Article 10

Consent by the competent authority of destination, dispatch and transit

1.   The competent authorities of destination, dispatch and transit shall have 30 days following dispatch of the acknowledgement by the competent authority of destination in accordance with Article 9 to take one of the following reasoned decisions in writing as regards the notified shipment:

| — | consenting without conditions; |
| --- | --- |

—

consenting without conditions;

| — | consenting with conditions in accordance with Article 11 on conditions; or |
| --- | --- |

—

consenting with conditions in accordance with Article 11 on conditions; or

| — | objecting in accordance with Articles 12 and 13 on objections. |
| --- | --- |

—

objecting in accordance with Articles 12 and 13 on objections.

Tacit consent may be assumed for the competent authority of transit if no objection has been lodged within the said 30-day limit.

2.   The competent authorities of destination, dispatch and transit shall notify its decision and the reasons therefore to the notifier in writing within the 30 days time limit, with copies to the other competent authorities concerned.

3.   The competent
  authority of dispatch shall
  signify its written consent by appropriately stamping, signing and dating the notification document.
  The competent authorities of destination and transit shall signify their written consent by issuing a written decision to the other competent authorities and to the notifier.

4.   A written consent to a planned shipment shall expire
  180 days
  from the date of consent as referred to in paragraph 1
  unless
  a shorter period is indicated by the competent authorities
  concerned
  .

5.   Tacit consent expires
  180 days
  after the expiry of the 30 day period following the dispatch of the acknowledgement of the competent authority of destination in accordance with
  Article 9
  .

6.
     
  The waste shipment in question shall have taken place, and the waste shipped shall have been finally disposed of or finally recovered in the importing country, no later than when the period referred to in paragraph 4 or 5 expires.

Article 11

Conditions to a shipment

1.   The competent authorities of dispatch, destination and transit may, within 30 days following the dispatch of the acknowledgement of the competent authority of destination in accordance with Article 9, lay down conditions in connection to their consent to a notified shipment.

Such conditions may be based on one or more of the reasons specified in either Article 12 or Article 13 as regards waste destined for disposal and recovery respectively.

2.   The competent authorities of dispatch, destination and transit may also, within the 30 day time limit referred to in paragraph 1, lay down conditions in respect of the transport of waste within their jurisdiction.

Such transport conditions shall not be more stringent than those laid down in respect of similar shipments occurring wholly within their jurisdiction and shall take due account of existing agreements, in particular relevant international agreements.

3.   The competent authorities of dispatch, destination and transit may also, within the 30 day time limit referred to in paragraph 1, lay down a condition that the written consent is to be considered withdrawn if the financial guarantee(s) or equivalent insurance(s) is not applicable at the latest when the notified shipment starts, as required in Articles 5(5) and 7(2).

4.   Conditions shall be notified to the notifier in writing by the competent authority that lays down conditions, with copies to the competent authorities concerned.

Conditions shall be entered into or annexed to the notification document by the relevant competent authority.

5.
     
  The facility that receives the waste shall keep incoming and outgoing volume records for each specific treatment line and for each sub-section of each treatment line.

6.
     
  The authorities of dispatch and destination may oblige the consignee to draw up reports on a regular basis, setting out all the waste treatment operations.

These reports shall contain details of all incoming and outgoing waste for each treatment method, so as to enable the authorities to check at any time that shipments are being carried out as per the notification.

Article 12

Objections to shipments destined for disposal

1.   Where a notification is made regarding a planned shipment of waste destined for disposal, the competent authorities of destination and dispatch may, within 30 days following the dispatch of the acknowledgement of the competent authority of destination in accordance with Article 9, raise reasoned objections based on any or all of the following grounds and in accordance with the Treaty:

| (a) | that it wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous wastes or of wastes listed in Annex II of the Basel Convention; or |
| --- | --- |

(a)

that it wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous wastes or of wastes listed in Annex II of the Basel Convention; or

| (b) | that it would not be in accordance with measures taken to implement the principles of proximity, priority for recovery and self-sufficiency at Community and national levels in accordance with Directive 75/442/EEC to prohibit generally or partially or to object systematically to shipments of waste; or |
| --- | --- |

(b)

that it would not be in accordance with measures taken to implement the principles of proximity, priority for recovery and self-sufficiency at Community and national levels in accordance with Directive 75/442/EEC to prohibit generally or partially or to object systematically to shipments of waste; or

| (c) | that the waste concerned is intended for mixing, repackaging, transhipment, storage or other operations not involving final disposal; or |
| --- | --- |

(c)

that the waste concerned is intended for mixing, repackaging, transhipment, storage or other operations not involving final disposal; or

| (d) | that it would not be in accordance with national laws and regulations relating to environmental protection, public order, public safety or health protection
  . The competent authority of dispatch may also invoke its national environmental protection laws to oppose planned shipments;
  or |
| --- | --- |

(d)

that it would not be in accordance with national laws and regulations relating to environmental protection, public order, public safety or health protection
  . The competent authority of dispatch may also invoke its national environmental protection laws to oppose planned shipments;
  or

| (e) | that the notifier or the consignee was previously convicted of illegal trafficking or other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or |
| --- | --- |

(e)

that the notifier or the consignee was previously convicted of illegal trafficking or other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or

| (f) | that the shipment conflicts with obligations resulting from international conventions concluded by the Member State or Member States concerned or the Community; or |
| --- | --- |

(f)

that the shipment conflicts with obligations resulting from international conventions concluded by the Member State or Member States concerned or the Community; or

| (g) | that the waste is mixed municipal waste (heading 20 03 01 of part 2 of Annex V) from private households; or |
| --- | --- |

(g)

that the waste is mixed municipal waste (heading 20 03 01 of part 2 of Annex V) from private households; or

| (h) | while taking into account geographical circumstances or the need for specialised installations for certain types of waste if the planned shipment is not in accordance with Directive 75/442/EEC, as amended, especially Articles 5 and 7:






  (i) | in order to implement the principle of self-sufficiency
  at national level
  ; |
| --- | --- | --- |

(h)

while taking into account geographical circumstances or the need for specialised installations for certain types of waste if the planned shipment is not in accordance with Directive 75/442/EEC, as amended, especially Articles 5 and 7:

(i)

in order to implement the principle of self-sufficiency
  at national level
  ;

| (ii) | in cases where the installation has to dispose of waste from a nearer source and the competent authority has given priority to this waste; or |
| --- | --- |

(ii)

in cases where the installation has to dispose of waste from a nearer source and the competent authority has given priority to this waste; or

| (iii) | in order to ensure that shipments are in accordance with waste management plans; or |
| --- | --- |

(iii)

in order to ensure that shipments are in accordance with waste management plans; or

| (i) | that the waste will be treated in a facility that is covered by Directive 96/61/EC but does not apply Best Available Techniques as defined in Article 9(4) of that Directive; or |
| --- | --- |

(i)

that the waste will be treated in a facility that is covered by Directive 96/61/EC but does not apply Best Available Techniques as defined in Article 9(4) of that Directive; or

| (j) | to ensure that the waste concerned is treated in accordance with legally binding environmental protections standards in relation to disposal operations established in Community legislation; |
| --- | --- |

(j)

to ensure that the waste concerned is treated in accordance with legally binding environmental protections standards in relation to disposal operations established in Community legislation;

| (k) | to ensure that the waste concerned is treated in accordance with waste management plans drawn up pursuant to Article 7 of Directive 75/442/EEC, with the purpose of ensuring the implementation of legally binding disposal obligations established in Community legislation. Where there is no Community legislation containing legally binding disposal obligations, Member States may, on the basis of this Regulation, impose disposal obligations of their own, provided that they themselves also comply with those obligations. |
| --- | --- |

(k)

to ensure that the waste concerned is treated in accordance with waste management plans drawn up pursuant to Article 7 of Directive 75/442/EEC, with the purpose of ensuring the implementation of legally binding disposal obligations established in Community legislation. Where there is no Community legislation containing legally binding disposal obligations, Member States may, on the basis of this Regulation, impose disposal obligations of their own, provided that they themselves also comply with those obligations.

2.   The competent authority of transit may, within 30 days following the dispatch of the acknowledgement of the competent authority of destination in accordance with Article 9, raise reasoned objections based only on paragraph 1(d) to (f) and not (a) to (c) and (g) to (k).

3.   In the case of
  a specific
  hazardous waste produced in a Member State of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that country would be uneconomic, paragraph 1(b) does not apply.

The competent authority of destination shall co-operate with the competent authority of dispatch, which considers that this paragraph and not paragraph 1(b) applies, with a view to resolving the issue bilaterally.

If there is no satisfactory solution, either Member State may refer the matter to the Commission. The Commission will then determine the issue in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC.

4.   If, within the time limits of 30 days referred to in Article 10(1), the competent authorities are satisfied that the problems giving rise to their objections have been solved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.

5.   If the problems giving rise to the objections have not been solved within the time limit of 30 days referred to in Article 10(1), the notification loses its validity and new notification shall be
  made
  .

6.   Measures taken by Member States in accordance with paragraph 1(b) to prohibit generally or partially or to object systematically to shipments of waste destined for disposal shall immediately be notified to the Commission and the other Member States by that Member State.

Article 13

Objections to shipments destined for recovery

1.   Where a notification is made regarding a planned shipment of waste destined for recovery, the competent authorities of destination and dispatch may, within 30 days following the dispatch of the acknowledgement of the competent authority of destination in accordance with Article 9, raise reasoned objections based on any or all of the following grounds and in accordance with the Treaty:

| (a) | that it wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous wastes or of wastes listed in Annex II of the Basel Convention; |
| --- | --- |

(a)

that it wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous wastes or of wastes listed in Annex II of the Basel Convention;

| (b) | that the country of dispatch has the technical capacity and the necessary facilities in order to recover its hazardous waste, or wastes listed in Annex II of the Basel Convention, in an environmentally sound manner that is at least equivalent to the intended recovery operation in the country of destination; |
| --- | --- |

(b)

that the country of dispatch has the technical capacity and the necessary facilities in order to recover its hazardous waste, or wastes listed in Annex II of the Basel Convention, in an environmentally sound manner that is at least equivalent to the intended recovery operation in the country of destination;

| (c) | that it would not be in accordance with Directive 75/442/EEC, in particular Articles 3, 4 and 7 thereof; |
| --- | --- |

(c)

that it would not be in accordance with Directive 75/442/EEC, in particular Articles 3, 4 and 7 thereof;

| (d) | that the waste concerned is intended for mixing, repackaging, transhipment, storage or other operations not involving final recovery; |
| --- | --- |

(d)

that the waste concerned is intended for mixing, repackaging, transhipment, storage or other operations not involving final recovery;

| (e) | that it would not be in accordance with national laws and regulations relating to environmental protection, public order, public safety or health protection.
  The competent authority of dispatch may also invoke its national environmental protection laws to oppose planned shipments; |
| --- | --- |

(e)

that it would not be in accordance with national laws and regulations relating to environmental protection, public order, public safety or health protection.
  The competent authority of dispatch may also invoke its national environmental protection laws to oppose planned shipments;

| (f) | that the notifier or the consignee has previously been convicted of illegal trafficking or other illegal acts in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; |
| --- | --- |

(f)

that the notifier or the consignee has previously been convicted of illegal trafficking or other illegal acts in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation;

| (g) | that the shipment conflicts with obligations resulting from international conventions concluded by the Member State or the Member States concerned or the Community; |
| --- | --- |

(g)

that the shipment conflicts with obligations resulting from international conventions concluded by the Member State or the Member States concerned or the Community;

| (h) | that the waste is mixed municipal waste (heading 20 03 01 of part 2 of Annex V) from private households
  ; |
| --- | --- |

(h)

that the waste is mixed municipal waste (heading 20 03 01 of part 2 of Annex V) from private households
  ;

| (i) | while taking into account geographical circumstances or the need for specialised installations for certain types of waste if the planned shipment is not in accordance with Directive 75/442/EEC, in particular Articles 5 and 7 thereof:










  (i) | in order to implement the principle of self-sufficiency at national level; |
| --- | --- | --- |

(i)

while taking into account geographical circumstances or the need for specialised installations for certain types of waste if the planned shipment is not in accordance with Directive 75/442/EEC, in particular Articles 5 and 7 thereof:

(i)

in order to implement the principle of self-sufficiency at national level;

| (ii) | in cases where the installation has to recover waste from a nearer source and the competent authority has given priority to this waste; or |
| --- | --- |

(ii)

in cases where the installation has to recover waste from a nearer source and the competent authority has given priority to this waste; or

| (iii) | in order to ensure that shipments are in accordance with waste management plans; |
| --- | --- |

(iii)

in order to ensure that shipments are in accordance with waste management plans;

| (j) | that the waste shipment is destined not for recovery, but for disposal; |
| --- | --- |

(j)

that the waste shipment is destined not for recovery, but for disposal;

| (k) | that the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction,
  the calorific value of the waste, the mixing with other types of waste, the pollutant content or the risks connected with the transfer of pollutants into products,
  do not justify the recovery under economic and/or environmental considerations
  . Guidelines shall be established in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC before 1 January 2005
  ; |
| --- | --- |

(k)

that the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction,
  the calorific value of the waste, the mixing with other types of waste, the pollutant content or the risks connected with the transfer of pollutants into products,
  do not justify the recovery under economic and/or environmental considerations
  . Guidelines shall be established in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC before 1 January 2005
  ;

| (l) | that the waste will be treated in a facility that is covered by Directive 96/61/EC but does not apply Best Available Techniques as defined in Article 9(4) of that Directive; |
| --- | --- |

(l)

that the waste will be treated in a facility that is covered by Directive 96/61/EC but does not apply Best Available Techniques as defined in Article 9(4) of that Directive;

| (m) | to ensure that the waste concerned is treated in accordance with legally binding environmental protections standards in relation to recovery operations or legally binding recovery or recycling obligations established in Community legislation; |
| --- | --- |

(m)

to ensure that the waste concerned is treated in accordance with legally binding environmental protections standards in relation to recovery operations or legally binding recovery or recycling obligations established in Community legislation;

| (n) | to ensure that the waste concerned is treated in accordance with legally binding national environmental standards in relation to recovery operations or legally binding national recovery or recycling obligations, provided that there are no legally binding environmental standards or obligations established in Community legislation and that the national rules are consistent with Articles 3 and 4 of Directive 75/442/EEC; |
| --- | --- |

(n)

to ensure that the waste concerned is treated in accordance with legally binding national environmental standards in relation to recovery operations or legally binding national recovery or recycling obligations, provided that there are no legally binding environmental standards or obligations established in Community legislation and that the national rules are consistent with Articles 3 and 4 of Directive 75/442/EEC;

| (o) | to ensure that the waste concerned is treated in accordance with waste management plans drawn-up pursuant to Article 7 of Directive 75/442/EEC, with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation.
  Where there is no Community legislation containing legally binding recovery or recycling obligations, Member States may, on the basis of this Regulation, impose recovery or recycling obligations of their own, provided that they themselves also comply with those obligations; |
| --- | --- |

(o)

to ensure that the waste concerned is treated in accordance with waste management plans drawn-up pursuant to Article 7 of Directive 75/442/EEC, with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation.
  Where there is no Community legislation containing legally binding recovery or recycling obligations, Member States may, on the basis of this Regulation, impose recovery or recycling obligations of their own, provided that they themselves also comply with those obligations;

| (p) | that the calorific value of the waste, the amount of harmful substances contained in the waste or the fact that the waste has been mixed do not justify the recovery under environmental considerations. |
| --- | --- |

(p)

that the calorific value of the waste, the amount of harmful substances contained in the waste or the fact that the waste has been mixed do not justify the recovery under environmental considerations.

2.   The competent authorities of transit may, within 30 days following the dispatch of the acknowledgement of the competent authority of destination in accordance with Article 9, raise reasoned objections to the planned shipment based only on paragraph 1(e) to (g) and not (a) to (d) and (h) to (p).

3.   If, within the time limits of 30 days referred to in Article 10(1), the competent authorities are satisfied that the problems giving rise to their objections have been solved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.

4.   If the problems giving rise to the objections have not been solved within the time limit of 30 days referred to in Article 10(1), the notification loses its validity and a new notification shall be
  made
  .

Article 14

General Notification

1.   The notifier may submit a general notification to cover several shipments if, in the case of each shipment:

| (a) | the waste has the same physical and chemical characteristics; |
| --- | --- |

(a)

the waste has the same physical and chemical characteristics;

| (b) | the waste is shipped to the same consignee and the same facility; and |
| --- | --- |

(b)

the waste is shipped to the same consignee and the same facility; and

| (c) | the route of the shipment as indicated in the notification and movement documents is the same. |
| --- | --- |

(c)

the route of the shipment as indicated in the notification and movement documents is the same.

2.
     
  As part of a general notification procedure, a single notification may cover more than one shipment of waste over a period not exceeding one calendar year. By arrangement with the competent authorities concerned, the period indicated may be shortened.

For the other periods in connection with a general notification procedure, the periods under Article 10 shall apply.

3.
     
  For a general notification the same procedures as set out in Articles 3(1) and 4 to 16 shall apply.

4.   If, owing to unforeseen circumstances, the same route cannot be followed, the notifier shall inform the competent authorities concerned as soon as possible and, if possible, before the shipment commences if the need for modification is already known.

Where the route modification is known before the shipment starts and involves competent authorities other than those concerned by the general notification, the general notification may not be used and a new notification shall be submitted.

5.   The competent authorities concerned may make their agreement to the use of this general notification procedure subject to the subsequent supply of additional information and documentation, in accordance with Article 5(2) and (3).

6.   The competent authorities concerned shall withdraw their consent to this procedure if:

| (a) | the composition of the waste is not as notified; or |
| --- | --- |

(a)

the composition of the waste is not as notified; or

| (b) | the conditions imposed on the shipment are not respected; or |
| --- | --- |

(b)

the conditions imposed on the shipment are not respected; or

| (c) | the waste is not recovered in conformity with the permit of the facility that performs the said operation; or |
| --- | --- |

(c)

the waste is not recovered in conformity with the permit of the facility that performs the said operation; or

| (d) | waste is to be shipped, or has been shipped, in a way that is not in accordance with the information provided in or annexed to the notification document. |
| --- | --- |

(d)

waste is to be shipped, or has been shipped, in a way that is not in accordance with the information provided in or annexed to the notification document.

7.   Any withdrawal of consent shall be made by means of official notice to the notifier and with copies sent to the other competent authorities concerned and to the consignee.

8.   Each shipment shall be accompanied by a copy of the general notification and movement documents, including copies of the consents to the general notification of the competent authorities concerned.

9.   With the modification of paragraph 1, the provisions of this Regulation are applicable to all intended shipments subject to this Article.

10.
     
  Should a manufacturer voluntarily take back waste, the following provisions shall apply:

| (a) | the general notification shall be valid for a waste coding system, all waste producers in the Member State in question, and a maximum of 250 t of waste per year and waste producer; |
| --- | --- |

(a)

the general notification shall be valid for a waste coding system, all waste producers in the Member State in question, and a maximum of 250 t of waste per year and waste producer;

| (b) | the manufacturer shall produce a transit authorisation valid for all countries of transit; |
| --- | --- |

(b)

the manufacturer shall produce a transit authorisation valid for all countries of transit;

| (c) | the manufacturer shall submit to the competent authorities an annual inventory with a list of all waste producers; |
| --- | --- |

(c)

the manufacturer shall submit to the competent authorities an annual inventory with a list of all waste producers;

| (d) | the competent authority of destination shall supervise the proper disposal of the waste which has been taken back voluntaril; |
| --- | --- |

(d)

the competent authority of destination shall supervise the proper disposal of the waste which has been taken back voluntaril;

| (e) | by way of derogation from the fourth subparagraph of Article 5(4), the manufacturer may also submit to the relevant competent authority, on request, the supply contract concluded between it and the waste producer. |
| --- | --- |

(e)

by way of derogation from the fourth subparagraph of Article 5(4), the manufacturer may also submit to the relevant competent authority, on request, the supply contract concluded between it and the waste producer.

Article 15

Requirements following consent to a shipment

After consent to a notified shipment by the competent authorities involved, the following requirements shall be fulfilled:

| (a) | Completion of the movement document by all involved: All undertakings involved shall complete the movement document at the points indicated, sign it and retain a copy. |
| --- | --- |

(a)

Completion of the movement document by all involved: All undertakings involved shall complete the movement document at the points indicated, sign it and retain a copy.

| (b) | Completion of the movement document by the notifier: Once the notifier has received consent from the competent authorities of dispatch, destination and transit or, in relation to the competent authority of transit, can assume tacit consent, the notifier shall insert the date of shipment and otherwise complete the movement document.
  The notifier shall send copies of the completed movement document to the competent authorities concerned. |
| --- | --- |

(b)

Completion of the movement document by the notifier: Once the notifier has received consent from the competent authorities of dispatch, destination and transit or, in relation to the competent authority of transit, can assume tacit consent, the notifier shall insert the date of shipment and otherwise complete the movement document.

The notifier shall send copies of the completed movement document to the competent authorities concerned.

| (c) | Prior information regarding actual commencement of shipment: The notifier shall send copies of the then completed movement document, as described in point (b), to the competent authorities concerned and to the consignee
  at least
  3 working days before the shipment starts.

  Changes of intended quantity, date of shipment or of carrier shall be submitted to the competent authorities and to the consignee before the shipment starts. |
| --- | --- |

(c)

Prior information regarding actual commencement of shipment: The notifier shall send copies of the then completed movement document, as described in point (b), to the competent authorities concerned and to the consignee
  at least
  3 working days before the shipment starts.

| (d) | Written confirmation of receipt of the waste by the consignee: Within three working days following the receipt of the waste, the consignee shall provide confirmation in writing, that the waste has been received.
  This confirmation shall be included in or annexed to the movement document.
  The consignee shall send copies of the movement document containing this confirmation to the notifier and to the competent authorities concerned. |
| --- | --- |

(d)

Written confirmation of receipt of the waste by the consignee: Within three working days following the receipt of the waste, the consignee shall provide confirmation in writing, that the waste has been received.

This confirmation shall be included in or annexed to the movement document.

The consignee shall send copies of the movement document containing this confirmation to the notifier and to the competent authorities concerned.

| (e) | Certificate for final disposal or recovery by the consignee: As soon as possible, but not later than
  7 working
  days after completion of recovery or disposal and not later than
  180 days
  following
  mutual written consent concerning the notification
  , the consignee shall, under his responsibility, certify final recovery or disposal.
  This certificate shall be included in or annexed to the movement document.
  The consignee shall send copies of the movement document containing this certification to the notifier and to the competent authorities
  concerned. |
| --- | --- |

(e)

Certificate for final disposal or recovery by the consignee: As soon as possible, but not later than
  7 working
  days after completion of recovery or disposal and not later than
  180 days
  following
  mutual written consent concerning the notification
  , the consignee shall, under his responsibility, certify final recovery or disposal.

This certificate shall be included in or annexed to the movement document.

The consignee shall send copies of the movement document containing this certification to the notifier and to the competent authorities
  concerned.

Article 16

Changes in the shipment after consent

1.   Should any material changes be made to the details and/or conditions of the consented shipment the notifier shall inform the competent authorities concerned immediately.

2.   I such cases a new notification shall be made, unless all the competent authorities concerned are satisfied that the proposed changes do not necessitate a new notification.

3.   Where such changes involve other competent authorities than those concerned in the original notification, a new notification shall be made.

CHAPTER 3

GENERAL INFORMATION REQUIREMENTS

Article 17

Waste to be accompanied by certain information

1.   Waste as defined in Article 3(2) and (4) that is intended to be shipped from one Member State to another Member State and/or pass in transit through one or several other Member States is subject to the following procedural requirements:

In order to assist the tracking of shipments of such waste, the person
  who intends to ship the waste shall inform the competent authorities of dispatch and destination 10 working days prior to the planned shipment. The person
  under the jurisdiction of the country of dispatch who arranges the shipment shall ensure that the waste is accompanied by the following information:

| (a) | the name and address of the producer, the new producer or collector, the person who arranges the shipment, the consignee and the holder(s); |
| --- | --- |

(a)

the name and address of the producer, the new producer or collector, the person who arranges the shipment, the consignee and the holder(s);

| (b) | the waste identification code using the OECD code in Annex III and the European Waste List code in Commission Decision 2000/532/EC
   (25); |
| --- | --- |

(b)

the waste identification code using the OECD code in Annex III and the European Waste List code in Commission Decision 2000/532/EC
   (25);

| (c) | the usual commercial description of the waste; |
| --- | --- |

(c)

the usual commercial description of the waste;

| (d) | the quantity of the waste; |
| --- | --- |

(d)

the quantity of the waste;

| (e) | the recovery operation, as listed in Annex II B to Directive 75/442/EEC, including the subsequent and final recovery following exchange or storage, as listed in Annex II B to Directive 75/442/EEC; |
| --- | --- |

(e)

the recovery operation, as listed in Annex II B to Directive 75/442/EEC, including the subsequent and final recovery following exchange or storage, as listed in Annex II B to Directive 75/442/EEC;

| (f) | the date of shipment; and |
| --- | --- |

(f)

the date of shipment; and

| (g) | evidence of a contract between the person who arranges the shipment and the consignee for recovery of the waste which is legally binding when the shipment starts. |
| --- | --- |

(g)

evidence of a contract between the person who arranges the shipment and the consignee for recovery of the waste which is legally binding when the shipment starts.

The accompanying information shall be signed by the person who arranges the shipment before the shipment takes place and shall be signed by the holder(s) and the consignee at the time when the waste in question is transferred to them.

2.   The contract referred to in paragraph 1(g) shall be legally binding when the shipment starts and shall include the obligation of the person who arranges the shipment to take the waste back if the shipment has not been completed as planned or if it has been effected in violation of this
  Regulation
  .

3.   The information shall be provided by the person who arranges the shipment in the form contained in Annex VI.

4.   Such waste shall also be subject to all the provisions of Directive 75/442/EEC. It shall in particular be:

| — | destined for duly authorised facilities only, authorised according to Articles 10 and 11 of Directive 75/442/EEC; and |
| --- | --- |

—

destined for duly authorised facilities only, authorised according to Articles 10 and 11 of Directive 75/442/EEC; and

| — | subject to the provisions of Articles 8, 12, 13 and 14 of Directive 75/442/EEC. |
| --- | --- |

—

subject to the provisions of Articles 8, 12, 13 and 14 of Directive 75/442/EEC.

5.   For inspection, enforcement, planning and statistical purposes, Member States may in accordance with national legislation require information about shipments subject to the provisions of this article.

6.   The information specified in paragraph 1 shall be treated confidentially in accordance with Community and national legislation.

Article 18

Waste subject to prior information

1.   
  Hazardous
  waste as defined in Article 3(4) is, in addition to the information requirement described in Article 17, subject to the following procedural requirement:

| — | the person who arranges the shipment shall inform the competent authorities concerned about the shipment 3 working days before it starts. |
| --- | --- |

—

the person who arranges the shipment shall inform the competent authorities concerned about the shipment 3 working days before it starts.

2.   For this submission of information, the information listed in Article 17(1)(a) to (d) and (f) shall be provided and the form contained in Annex VI shall be applied.

CHAPTER 4

GENERAL REQUIREMENTS

Article 19

Prohibited to mix waste during shipment

1.   During shipment or prior to recovery or disposal, as specified on the notification document, waste shall not be mixed with either waste covered by a different notification or with waste not covered by any notification.

2.   Paragraph 1 shall apply also to waste destined for recovery or disposal operations.

Article 20

Protection of the environment within the Community

The producer and/or the notifier in the Community shall take all necessary steps to ensure that any waste they ship within the Community is managed without endangering human health and without using processes or methods which could harm the environment, as required in Article 4 of Directive 75/442/EEC and in accordance with Community legislation on waste throughout the period of shipment and including final disposal or final recovery in the country of destination.

Article 21

Keeping of documents and information

1.   All documents sent to or by the competent authorities in relation to a notified shipment shall be kept in the Community for at least three years, starting when the shipment starts, by the competent authorities, the notifier and the consignee.

2.   Information given pursuant to Article 17(1) shall be kept in the Community for at least three years, starting when the shipment starts, by the person who arranges for the shipment and the consignee.

CHAPTER 5

TAKE-BACK OBLIGATIONS

Article 22

Take-back when a shipment cannot be completed as intended

1.   Where a shipment of waste to which the competent authorities concerned have consented cannot be completed as intended in accordance with the terms of the notification and movement documents and/or contract referred to in Articles 5(4), 6 and 17, the competent authority of destination and/or transit as relevant, shall immediately inform the competent authority of dispatch.

2.   The competent authority of dispatch shall ensure that the waste in question is returned to its area of jurisdiction or elsewhere within the country of dispatch by the notifier, or if impracticable by the competent authority itself.

This shall be done within 90 days after it has become aware of or has been informed in writing that the consented shipment cannot be completed and the reason(s) therefor. Such information can be submitted inter alia by other competent authorities.

3.   The take-back obligation in paragraph 2 does not apply if the competent authority of dispatch is satisfied that the waste can be disposed of or recovered of in an alternative way in the country of destination or elsewhere by the notifier or, if impracticable, by the competent authority itself.

4.   In cases of take-back as referred to in paragraph 2, a new notification shall be made unless the competent authorities concerned agree that a duly motivated request by the initial competent authority of dispatch is sufficient.

A new notification shall be made by the notifier or, if impracticable, by the initial competent authority of dispatch.

No competent authorities shall oppose or object to the return of waste of a shipment that cannot be completed.

5.   In cases of alternative arrangements outside the initial country of destination as referred to in paragraph 3, a new notification shall be made by the initial notifier or, if impracticable, by the initial competent authority of dispatch.

When such a new notification is made, the provisions concerning the competent authorities concerned shall also apply to the competent authority of the initial country of dispatch.

6.   In cases of alternative arrangements in the initial country of destination as referred to in paragraph 3, a new notification is not required and a duly motivated request by the initial notifier or, if impracticable, by the initial competent authority of destination is sufficient.

7.   The obligation of the notifier and the subsidiary obligation of the country of dispatch to take the waste back or arrange for alternative recovery of disposal shall end when the consignee has issued the certificate of final disposal or recovery as referred to in Article 15(e).

8.   Where waste of a shipment that cannot be completed is observed within a Member State, the competent authority with jurisdiction over the area where the waste was observed shall be responsible for making arrangements for the safe storage of the waste pending its return or final disposal or recovery in an alternative way as required in this Article.

9.   The provisions paragraphs 1, 2, 3, 7 and 8 also apply to shipments of waste which are subject to the requirement of being accompanied by certain information in accordance with Article 17.

In such cases the person who arranges the shipment is subject to the same obligations established in this Article as the notifier.

Article 23

Costs for take-back when a shipment cannot be completed

1.   Costs arising from the return of waste of a shipment that cannot be completed, including its shipment, its final disposal or recovery pursuant to Article 22(2) or (3) and storage costs pursuant to Article 22(8), shall be charged to:

| (i) | the notifier, or, if impracticable; |
| --- | --- |

(i)

the notifier, or, if impracticable;

| (ii) | the competent authority of dispatch; or, if impracticable, |
| --- | --- |

(ii)

the competent authority of dispatch; or, if impracticable,

| (iii) | as otherwise agreed by the parties and the competent authorities concerned. |
| --- | --- |

(iii)

as otherwise agreed by the parties and the competent authorities concerned.

2.   The provisions of this Article also apply to shipments of waste which are subject to the requirement of being accompanied by certain information in accordance with Article 17.

In such cases the person who arranges the shipment is subject to the same obligations established in this Article as the notifier.

3.   This Article is without prejudice to national rules or Community law regarding liability.

Article 24

Take-back when a shipment is illegal

1.   Where a competent authority observes a shipment that it considers to be in infringement of this Regulation or of international or Community law, herinafter an ‘illegal shipment’, it shall immediately inform the other competent authorities concerned and may return such a shipment.

2.   If an illegal shipment is the responsibility of the notifier, the competent authority country of dispatch shall ensure that the waste in question is:

| (a) | taken back by the notifier de facto, or, if no notification has been made; |
| --- | --- |

(a)

taken back by the notifier de facto, or, if no notification has been made;

| (b) | the notifier de iure, in accordance with the hierarchy of Article 2(7), or, if impracticable; |
| --- | --- |

(b)

the notifier de iure, in accordance with the hierarchy of Article 2(7), or, if impracticable;

| (c) | taken back by any of the natural or legal persons responsible for the illegal shipment mentioned in Article 2(7), or, if impracticable; |
| --- | --- |

(c)

taken back by any of the natural or legal persons responsible for the illegal shipment mentioned in Article 2(7), or, if impracticable;

| (d) | taken back by the competent authority itself, or, if impracticable; |
| --- | --- |

(d)

taken back by the competent authority itself, or, if impracticable;

| (e) | alternatively disposed of or recovered in the country of destination or dispatch by the competent authority itself; or, if impracticable; |
| --- | --- |

(e)

alternatively disposed of or recovered in the country of destination or dispatch by the competent authority itself; or, if impracticable;

| (f) | alternatively disposed of or recovered in another country by the competent authority itself if all the competent authorities concerned agree. |
| --- | --- |

(f)

alternatively disposed of or recovered in another country by the competent authority itself if all the competent authorities concerned agree.

This shall be done within 30 days after it has become aware of or has been informed in writing about the illegal shipment or within such other period of time as may be agreed by the competent authorities concerned. Such information can be submitted inter alia by other competent authorities.

In cases of take-back as referred to in (a) to (d), a new notification shall be made unless the competent authorities concerned agree that a duly motivated request by the initial competent authority of dispatch is sufficient.

A new notification shall be made by the person etc. listed in (a), (b), (c) or (d) and in accordance with that ranking.

No competent authorities shall oppose or object to the return of waste of an illegal shipment.

In cases of alternative arrangements as referred to in (e) and (f) by the competent authority of dispatch, a new notification shall be made by the initial competent authority of dispatch unless the competent authorities concerned agree that a duly motivated request by that authority is sufficient.

3.   If an illegal shipment is the responsibility of the consignee the competent authority of destination shall ensure that the waste in question is:

| (a) | disposed of or recovered in an environmentally sound manner by the consignee, or, if impracticable; |
| --- | --- |

(a)

disposed of or recovered in an environmentally sound manner by the consignee, or, if impracticable;

| (b) | by the competent authority itself. |
| --- | --- |

(b)

by the competent authority itself.

This shall be done within 30 days after it has become aware of or has been informed in writing about the illegal shipment or within such other period of time as may be agreed by the competent authorities concerned. Such information can be submitted inter alia by other competent authorities.

To this end, they shall co-operate, as necessary, in the disposal or recovery of the waste.

4.   
  In particular
  where responsibility for the illegal shipment cannot be imputed to either the notifier or the consignee, the competent authorities shall cooperate to ensure that the waste in question is disposed of or recovered.

5.   Where the waste of an illegal shipment is observed within a Member State, the competent authority with jurisdiction over the area where the waste was observed shall be responsible for making arrangements for the safe storage of the waste pending its return, final disposal or final recovery.

6.   The provisions of Articles 34 and 36 do not apply in cases where illegal shipments are returned to the country of dispatch and that country of dispatch is a country covered by the prohibitions contained in these Articles.

7.   The provisions of this Article also apply to shipments of waste which are subject to the requirement of being accompanied by certain information in accordance with Article 17.

In such cases the person who arranges the shipment is subject to the same obligations established in this Article as the notifier.

8.   This Article is without prejudice to national rules or Community law regarding liability.

9.   Guidelines for the co-operation of competent authorities with regard to illegal shipments may be established in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC.

Article 25

Costs for take-back when a shipment is illegal

1.   Costs arising from the return of waste of a shipment that is in infringement of this Regulation or of international or Community law, including its shipment, its final disposal or recovery pursuant to Article 24(2) and storage costs pursuant to Article 24(5), shall be charged to:

| (a) | the notifier de facto, or, if no notification has been made; |
| --- | --- |

(a)

the notifier de facto, or, if no notification has been made;

| (b) | the notifier de iure in accordance with the hierarchy of Article 2(7), or, if impracticable; |
| --- | --- |

(b)

the notifier de iure in accordance with the hierarchy of Article 2(7), or, if impracticable;

| (c) | by any of the natural or legal persons responsible for the illegal shipment mentioned in Article 2(7), or, if impracticable, |
| --- | --- |

(c)

by any of the natural or legal persons responsible for the illegal shipment mentioned in Article 2(7), or, if impracticable,

| (d) | by the competent authority of dispatch. |
| --- | --- |

(d)

by the competent authority of dispatch.

2.   Costs arising from the final disposal or recovery pursuant to Article 24(3) and storage costs pursuant to Article 24(5) of waste of a shipment that is illegal shall be charged to:

| (a) | the consignee, or, if impracticable; |
| --- | --- |

(a)

the consignee, or, if impracticable;

| (b) | to the competent authority of destination. |
| --- | --- |

(b)

to the competent authority of destination.

3.   Costs arising from the final disposal or recovery pursuant to Article 24(4) and including its possible shipment and storage costs pursuant to Article 24(5) of waste of a shipment that is illegal shall be charged to:

| (a) | the notifier and/or the consignee depending upon the decision by the competent authorities involved, or, if impracticable; |
| --- | --- |

(a)

the notifier and/or the consignee depending upon the decision by the competent authorities involved, or, if impracticable;

| (b) | to the competent authorities of dispatch and destination. |
| --- | --- |

(b)

to the competent authorities of dispatch and destination.

4.   The provisions of this Article also apply to shipments of waste which are subject to the requirement of being accompanied by certain information in accordance with Article 17.

In such cases the person who arranges the shipment is subject to the same obligations established in this Article as the notifier.

5.   This article is without prejudice to national rules or Community law on liability.

CHAPTER 6

GENERAL ADMINISTRATIVE PROVISIONS

Article 26

Submission of communication

1.   The information and documents listed in paragraph 3 may be submitted using any of the following methods of communication:

| (a) | by post; |
| --- | --- |

(a)

by post;

| (b) | by telefax; |
| --- | --- |

(b)

by telefax;

| (c) | by e-mail with digital signature; or |
| --- | --- |

(c)

by e-mail with digital signature; or

| (d) | by e-mail without digital signature followed by post. |
| --- | --- |

(d)

by e-mail without digital signature followed by post.

2.   Subject to the consent of the competent authorities concerned, the information and documents listed in paragraph 3 may be submitted by means of electronic data interchange with electronic signature or electronic authentication in accordance with Directive 1999/93/EC of the European Parliament and the Council
   (26), or a comparable electronic authentication system which provides the same level of security.

In such cases the competent authority of dispatch
  and the competent authority of destination, working in cooperation with
  the other competent authorities
  concerned, may carry
  out the
  dispatch and reception
  of communications listed in paragraph 3.

In such cases, the electronic exchange of data with the notifier shall be carried out via the authority of dispatch and the electronic exchange of data with the consignee via the authority of destination.

3.   The information and documents referred to in paragraph 1 are the following:

| (a) | notification of a planned shipment pursuant to Articles 4 and 14; |
| --- | --- |

(a)

notification of a planned shipment pursuant to Articles 4 and 14;

| (b) | request for information and documentation pursuant to Articles 5, 8 and 9; |
| --- | --- |

(b)

request for information and documentation pursuant to Articles 5, 8 and 9;

| (c) | submission of information and documentation pursuant the Articles 5, 8 and 9; |
| --- | --- |

(c)

submission of information and documentation pursuant the Articles 5, 8 and 9;

| (d) | written consent to a notified shipment pursuant to Article 10; |
| --- | --- |

(d)

written consent to a notified shipment pursuant to Article 10;

| (e) | conditions to a shipment pursuant to Article 11; |
| --- | --- |

(e)

conditions to a shipment pursuant to Article 11;

| (f) | objections to a shipment pursuant to Articles 12 and
  13
  ; |
| --- | --- |

(f)

objections to a shipment pursuant to Articles 12 and
  13
  ;

| (g) | prior
  information regarding actual commencement of the shipment pursuant to Article 15; |
| --- | --- |

(g)

prior
  information regarding actual commencement of the shipment pursuant to Article 15;

| (h) | written confirmation of receipt of the waste pursuant to Article 15; |
| --- | --- |

(h)

written confirmation of receipt of the waste pursuant to Article 15;

| (i) | certificate for final recovery or disposal of the waste pursuant to Article 15; and |
| --- | --- |

(i)

certificate for final recovery or disposal of the waste pursuant to Article 15; and

| (j) | information about changes in the shipment after consent pursuant to Article 16. |
| --- | --- |

(j)

information about changes in the shipment after consent pursuant to Article 16.

4.
     
  For the submission of documents and information by means of electronic data interchange in accordance with paragraph 2, the technical requirements for practical implementation of electronic data interchange and any required amendments, especially concerning calculation of time limits and concerning necessary transactions between participants in the electronic data interchange, may be determined in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC.

Article 27

Language

1.   Any notification, information, documentation or other communication submitted pursuant to the provisions of this Title shall be supplied in a language acceptable to the competent authorities concerned.

2.   If requested by the competent authorities concerned, the notifier shall provide authorised translation(s) into a language, which is acceptable to them.

3.   Further guidance concerning the the use of languages may be determined in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC.

Article 28

Disagreement on classification issues

1.   If the competent authorities of dispatch and of destination disagree on the classification as regards the distinction between waste and non-waste, the subject matter shall be considered a waste.

2.   If the competent authorities of dispatch and of destination cannot agree on the classification of the notified waste as being listed in Annex III or IV, the waste shall be considered listed in Annex IV.

3.   If the competent authorities of dispatch and destination disagree on the classification of the waste treatment operation notified as being disposal or recovery, the provisions regarding disposal shall apply.

4.   Paragraphs 1 to 3 apply only for the purposes of this Regulation, and are without prejudice to rights of interested parties to resolve any dispute related to these questions before a court of law or tribunal.

Article 29

Administrative costs

Appropriate and proportionate administrative costs of implementing the notification and supervision procedures and usual costs of appropriate analyses and inspections may be charged to the notifier.
  The Commission may decide to set a maximum level for these costs.

Article 30

Border-area agreements

In exceptional cases, and if the specific geographical situation warrants such a step, Member States may conclude bilateral agreements relaxing the notification procedure for shipments of specific flows of waste in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned of notifiable waste generated in that border area.

Such agreements shall be notified to the Commission before they take effect.

CHAPTER 7

SHIPMENTS WITHIN THE COMMUNITY AND WITH TRANSIT VIA THIRD COUNTRIES

Article 31

Shipments destined for disposal

1.   Where a shipment of waste takes place within the community with transit via one or more third countries and is destined for disposal, the competent authority of dispatch shall ask the competent authority in the third countries whether it wishes to send its written consent to the planned shipment:

| (a) | in the case of parties to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention, or |
| --- | --- |

(a)

in the case of parties to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention, or

| (b) | in the case of countries not parties to the Basel Convention, within a period agreed between the competent authorities. |
| --- | --- |

(b)

in the case of countries not parties to the Basel Convention, within a period agreed between the competent authorities.

2.   Where a shipment of waste takes place between locations within the same Member State with transit via one or more third countries and is destined for disposal, the requirements of paragraph 1 applies.

3.   This Article is without prejudice to the provisions contained in Chapter 3 of this Title.

Article 32

Shipments destined for recovery

1.   When a shipment of waste takes place within the Community with transit via one or more third countries to which the OECD Decision does not apply and is destined for recovery, Article 31 applies.

2.   When a shipment of waste takes place within the Community with transit via one or more third countries to which the OECD Decision applies and is destined for recovery, Article 31(1) does not apply.

In such cases the consent referred to in Article 10 may be provided tacitly and if no objection has been lodged or conditions been specified the shipment may commence 30 days after the dispatch of the acknowledgement.

3.   Where a shipment of waste that takes place between locations within the same Member States with transit via one or more third countries and is destined for recovery, the requirements of paragraph 1 and 2 applies.

4.   This Article is without prejudice to the provisions contained in Chapter 3 of this Title.

TITLE III

SHIPMENTS WITHIN MEMBER STATES

Article 33

Application of this Regulation to shipments within Member States

1.   The provision of Title II on shipments within the Community and Title VII on other provisions do not apply to shipments of waste within a Member State.

2.   Member States shall, however, establish an appropriate system for the supervision and control of shipments of waste within their jurisdiction. This system should take account of the need for coherence with the Community system established by this Regulation.

3.   Member States shall inform the Commission and the other Member States of their system for the supervision and control of shipments of waste.

4.   Member States may apply the system provided for in Titles II and VII within their jurisdiction.

TITLE IV

EXPORTS OUT OF THE COMMUNITY TO THIRD COUNTRIES

CHAPTER 1

WASTE FOR DISPOSAL

Article 34

Export prohibited except to EFTA countries

1.   All exports of waste out of the Community destined for disposal are prohibited.

2.   The prohibition in paragraph 1 does not apply to exports of waste destined for disposal in EFTA countries, which are also Parties to the Basel Convention.

3.   However, exports of waste for disposal to an EFTA country Party to the Basel Convention shall also be prohibited

| (a) | where the EFTA country prohibits imports of such wastes; or, |
| --- | --- |

(a)

where the EFTA country prohibits imports of such wastes; or,

| (b) | if the competent authority of dispatch has reason to believe that the waste will not be managed in an environmentally sound manner in the country of destination concerned. |
| --- | --- |

(b)

if the competent authority of dispatch has reason to believe that the waste will not be managed in an environmentally sound manner in the country of destination concerned.

4.   This provision is without prejudice to the take-back obligations as described in Articles 22 and 24.

Article 35

Procedures when exporting to EFTA countries

1.   Where waste is exported out of the Community and destined for disposal in EFTA countries parties to the Basel Convention, the provisions of Title I shall apply mutatis mutandis with the modifications and additions listed in paragraphs 2 and 3.

2.   The following modifications apply:

| (a) | the competent authority of transit outside the Community has 60 days following dispatch of its acknowledgement of receipt of the notification to give written consent, set conditions and require additional information to the notified shipment; and |
| --- | --- |

(a)

the competent authority of transit outside the Community has 60 days following dispatch of its acknowledgement of receipt of the notification to give written consent, set conditions and require additional information to the notified shipment; and

| (b) | the competent authority of dispatch of the community shall take its decision to consent to the shipment as referred to in Article 10 only after having received written consent from the competent authorities of transit and destination outside the community and not earlier than 61 days following the dispatch of the acknowledgement of the competent authority of destination. |
| --- | --- |

(b)

the competent authority of dispatch of the community shall take its decision to consent to the shipment as referred to in Article 10 only after having received written consent from the competent authorities of transit and destination outside the community and not earlier than 61 days following the dispatch of the acknowledgement of the competent authority of destination.

3.   The following additional provisions apply:

| (a) | the competent authority of transit in the Community shall acknowledge the receipt of the notification to the notifier; |
| --- | --- |

(a)

the competent authority of transit in the Community shall acknowledge the receipt of the notification to the notifier;

| (b) | the competent authorities of dispatch and transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of export and to the customs office of exit from the Community; |
| --- | --- |

(b)

the competent authorities of dispatch and transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of export and to the customs office of exit from the Community;

| (c) | a copy of the movement document shall be delivered by the carrier to the customs office of export and the customs office of exit from the Community; |
| --- | --- |

(c)

a copy of the movement document shall be delivered by the carrier to the customs office of export and the customs office of exit from the Community;

| (d) | as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority of dispatch in the Community stating that the waste has left the Community; |
| --- | --- |

(d)

as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority of dispatch in the Community stating that the waste has left the Community;

| (e) | if, 42 days after the waste has left the Community, the competent authority of dispatch in the Community has received no information from the consignee about receipt of the waste, it shall inform without delay the competent authority of destination; and |
| --- | --- |

(e)

if, 42 days after the waste has left the Community, the competent authority of dispatch in the Community has received no information from the consignee about receipt of the waste, it shall inform without delay the competent authority of destination; and

| (f) | the contract referred to in Articles 5(4) and 6 shall stipulate that:






  — | if a consignee issues an incorrect certificate of disposal with the consequence that the financial guarantee is released, he shall bear the costs arising from the duty to return the waste to the area of jurisdiction of the competent authority of dispatch and its disposal or recovery in an alternative and environmentally sound manner; |
| --- | --- | --- |

(f)

the contract referred to in Articles 5(4) and 6 shall stipulate that:

—

if a consignee issues an incorrect certificate of disposal with the consequence that the financial guarantee is released, he shall bear the costs arising from the duty to return the waste to the area of jurisdiction of the competent authority of dispatch and its disposal or recovery in an alternative and environmentally sound manner;

| — | within three working days following receipt of the waste for disposal, the consignee shall send copies of the completed movement document, except for the certificate of final disposal referred to in the third indent of this paragraph, to the notifier and the competent authorities concerned; and |
| --- | --- |

—

within three working days following receipt of the waste for disposal, the consignee shall send copies of the completed movement document, except for the certificate of final disposal referred to in the third indent of this paragraph, to the notifier and the competent authorities concerned; and

| — | as soon as possible but not later than 30 days after completion of disposal and not later than one calendar year following the receipt of the waste the consignee shall, under his responsibility, certify final disposal and shall send copies of the movement document containing this certification to the notifier and to the competent authorities concerned. |
| --- | --- |

—

as soon as possible but not later than 30 days after completion of disposal and not later than one calendar year following the receipt of the waste the consignee shall, under his responsibility, certify final disposal and shall send copies of the movement document containing this certification to the notifier and to the competent authorities concerned.

4.   The shipment may only start if:

| (a) | the notifier has received written consent from the competent authorities of dispatch, destination and transit and if the conditions laid down are met; |
| --- | --- |

(a)

the notifier has received written consent from the competent authorities of dispatch, destination and transit and if the conditions laid down are met;

| (b) | a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6; |
| --- | --- |

(b)

a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6;

| (c) | a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination outside the Community or any country of transit Party to the Basel Convention; and |
| --- | --- |

(c)

a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination outside the Community or any country of transit Party to the Basel Convention; and

| (d) | environmentally sound management as described in Article 41 is ensured. |
| --- | --- |

(d)

environmentally sound management as described in Article 41 is ensured.

5.   Where waste is exported, it shall be destined for disposal operations within a facility which under applicable domestic law is operating or is authorised to operate in the country of destination.

6.   If a customs office of export or a customs office of exit from the Community observes a shipment that does not comply with the provisions of this Regulation, it shall:

| (a) | inform without delay the competent authority of dispatch in the Community; and |
| --- | --- |

(a)

inform without delay the competent authority of dispatch in the Community; and

| (b) | ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing. |
| --- | --- |

(b)

ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing.

CHAPTER 2

WASTE FOR RECOVERY

EXPORTS TO NON-OECD DECISION COUNTRIES

Article 36

Export prohibited if waste is listed in Annex V

1.   The following exports out of the Community of waste destined for recovery in countries to which the OECD Decision does not apply are prohibited:

| (a) | hazardous waste as listed in Annex V; |
| --- | --- |

(a)

hazardous waste as listed in Annex V;

| (b) | hazardous waste not classified under one single entry in Annex V; |
| --- | --- |

(b)

hazardous waste not classified under one single entry in Annex V;

| (c) | mixtures of hazardous waste and mixtures of hazardous waste with non-hazardous waste not classified under one single entry in Annex V; |
| --- | --- |

(c)

mixtures of hazardous waste and mixtures of hazardous waste with non-hazardous waste not classified under one single entry in Annex V;

| (d) | waste that the country of destination has notified to be hazardous under Article 3 of the Basel Convention; |
| --- | --- |

(d)

waste that the country of destination has notified to be hazardous under Article 3 of the Basel Convention;

| (e) | waste that the country of destination has prohibited the import of; or, |
| --- | --- |

(e)

waste that the country of destination has prohibited the import of; or,

| (f) | waste which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner in the country of destination concerned. |
| --- | --- |

(f)

waste which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner in the country of destination concerned.

2.   This provision is without prejudice to the take-back obligations as described in Articles 22 and 24.

Article 37

Procedures when exporting waste listed in Annex III

1.   In the case of waste which is listed in Annex III and the export of which is not prohibited under Article 36, the Commission shall, within 20 days of the entry into force of this Regulation, send a written request to each country to which the OECD Decision does not apply, seeking confirmation in writing that the waste may be exported from the Community for recovery in that country, and an indication as to which control procedure, if any, would be followed in the country of destination.

Each country to which the OECD Decision does not apply shall be given the following options:

| (a) | a prohibition; |
| --- | --- |

(a)

a prohibition;

| (b) | a prior written notification and consent procedure as described in Article 35; and |
| --- | --- |

(b)

a prior written notification and consent procedure as described in Article 35; and

| (c) | no control in the country of destination. |
| --- | --- |

(c)

no control in the country of destination.

2.   Before the date of application of this Regulation, the Commission shall issue a Regulation taking into account all replies received pursuant to paragraph 1 and shall inform the Committee established pursuant to Article 18 of Directive 75/442/EEC.

If a country has not made a confirmation as referred to in paragraph 1 or if a country for any reason has not been contacted, paragraph 1(b) shall apply.

The Commission shall periodically update the Regulation adopted.

3.   If a country indicates in its reply that certain shipments of waste are not subject to any control, Article 17 shall apply mutatis mutandis to such shipments.

4.   Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable domestic law, is operating or is authorised to operate in the importing country.

Exports to OECD-Decision countries

Article 38

Exports of waste listed in Annexes III, IV and IV A

1.   Where waste listed in Annexes III, IV and IV A is exported out of the Community and destined for recovery in countries or through countries to which the OECD Decision applies, the provisions of Title II apply mutatis mutandis, with the modification and additions listed in paragraphs (2) and (3).

The following modification apply:

The consent as required in accordance with Article 10 may be provided by tacit consent from the competent authority of destination outside the Community.

2.   As regards exports of waste listed in Annex IV and IV A, the following additional provisions apply:

| (a) | the competent authority of dispatch shall send a stamped copy of its decision to consent to the shipment to the custom office of exit from the Community; |
| --- | --- |

(a)

the competent authority of dispatch shall send a stamped copy of its decision to consent to the shipment to the custom office of exit from the Community;

| (b) | the competent authorities of dispatch and transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of export and to the customs office of exit from the Community; |
| --- | --- |

(b)

the competent authorities of dispatch and transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of export and to the customs office of exit from the Community;

| (c) | a copy of the movement document shall be delivered by the carrier to the customs office of exit from the Community; |
| --- | --- |

(c)

a copy of the movement document shall be delivered by the carrier to the customs office of exit from the Community;

| (d) | as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority of dispatch in the Community stating that the waste has left the Community; |
| --- | --- |

(d)

as soon as the waste has left the Community, the customs office of exit from the Community shall send a stamped copy of the movement document to the competent authority of dispatch in the Community stating that the waste has left the Community;

| (e) | if, 42 days after the waste has left the Community, the competent authority of dispatch has received no information from the consignee about receipt of the waste, it shall inform without delay the country of destination; and |
| --- | --- |

(e)

if, 42 days after the waste has left the Community, the competent authority of dispatch has received no information from the consignee about receipt of the waste, it shall inform without delay the country of destination; and

| (f) | the contract referred to in Articles 5(4) and 6 shall stipulate that:






  — | if a consignee issues an incorrect certificate of recovery with the consequence that the financial guarantee is released, he shall bear the costs arising from the duty to return the waste to the area of jurisdiction of the competent authority of dispatch and its disposal or recovery in an alternative and environmentally sound manner; |
| --- | --- | --- |

(f)

the contract referred to in Articles 5(4) and 6 shall stipulate that:

—

if a consignee issues an incorrect certificate of recovery with the consequence that the financial guarantee is released, he shall bear the costs arising from the duty to return the waste to the area of jurisdiction of the competent authority of dispatch and its disposal or recovery in an alternative and environmentally sound manner;

| — | within three working days following receipt of the waste for recovery, the consignee shall send copies of the completed movement document, except for the certificate of final recovery referred to in the third indent of this paragraph, to the notifier and the competent authorities concerned; and |
| --- | --- |

—

within three working days following receipt of the waste for recovery, the consignee shall send copies of the completed movement document, except for the certificate of final recovery referred to in the third indent of this paragraph, to the notifier and the competent authorities concerned; and

| — | as soon as possible but not later than 30 days after completion of recovery and not later than one calendar year following the receipt of the waste the consignee shall, under his responsibility, certify final recovery and shall send copies of the movement document containing this certification to the notifier and to the competent authorities concerned. |
| --- | --- |

—

as soon as possible but not later than 30 days after completion of recovery and not later than one calendar year following the receipt of the waste the consignee shall, under his responsibility, certify final recovery and shall send copies of the movement document containing this certification to the notifier and to the competent authorities concerned.

3.   The shipment may only start if:

| (a) | the notifier has received written consent from the competent authorities of dispatch, destination and transit or, if tacit consent from the competent authority of destination outside the Community is provided and can be assumed, and if the conditions laid down are met; |
| --- | --- |

(a)

the notifier has received written consent from the competent authorities of dispatch, destination and transit or, if tacit consent from the competent authority of destination outside the Community is provided and can be assumed, and if the conditions laid down are met;

| (b) | a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6; |
| --- | --- |

(b)

a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6;

| (c) | a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination outside the Community or any country of transit Party to the Basel Convention; and |
| --- | --- |

(c)

a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination outside the Community or any country of transit Party to the Basel Convention; and

| (d) | environmentally sound management as described in Article 41 is ensured. |
| --- | --- |

(d)

environmentally sound management as described in Article 41 is ensured.

4.   If an export as described in paragraph 1 of waste listed in Annex IV and IV A is transiting through a country to which the OECD decision does not apply, the following modifications apply:

| (a) | the competent authority of transit to which the OECD decision does not apply has 60 days following dispatch of its acknowledgement to give written consent, set conditions and require additional information to the notified shipment; and |
| --- | --- |

(a)

the competent authority of transit to which the OECD decision does not apply has 60 days following dispatch of its acknowledgement to give written consent, set conditions and require additional information to the notified shipment; and

| (b) | the competent authority of dispatch in the Community shall take its decision to consent to the shipment as referred to in Article 10 only after having received written consent from that competent authority of transit to which the OECD decision does not apply and not earlier than 61 days following the dispatch of the acknowledgement of the competent authority of destination. |
| --- | --- |

(b)

the competent authority of dispatch in the Community shall take its decision to consent to the shipment as referred to in Article 10 only after having received written consent from that competent authority of transit to which the OECD decision does not apply and not earlier than 61 days following the dispatch of the acknowledgement of the competent authority of destination.

5.   Where waste is exported, it shall be destined for recovery operations within a facility which under applicable domestic law is operating or is authorised to operate in the importing country.

6.   If a custom office of export or a customs office of exit from the Community observes a shipment that does not comply with the provisions of this Regulation, it shall

| (a) | inform without delay the competent authority of dispatch in the Community; and |
| --- | --- |

(a)

inform without delay the competent authority of dispatch in the Community; and

| (b) | ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing. |
| --- | --- |

(b)

ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing.

CHAPTER 3

GENERAL PROVISIONS

Article 39

Exports to Antarctic

Export of all waste out of the Community to Antarctic is prohibited.

Article 40

Exports to Overseas Countries or Territories

1.   Exports out of the Community of all waste destined for disposal in Overseas Countries or Territories are prohibited.

2.   As regards exports of waste destined for recovery in Overseas Countries or Territories, the prohibition in Article 36 applies mutatis mutandis.

3.   As regards exports of waste destined for recovery in Overseas Countries or Territories not covered by the prohibition in paragraph 2, the provisions of Title II shall apply mutatis mutandis.

Article 41

Ensuring environmentally sound management in third countries

1.   The producer and the notifier and other undertakings involved in a shipment shall take all necessary steps to ensure that any waste they ship is managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination.

2.   The competent authority of dispatch in the Community shall require and secure that any waste exported is managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination.

3.   The competent authority of dispatch in the Community shall prohibit an export to third countries if it has any reason to believe that the waste will not be managed in an environmentally sound manner throughout the period of shipment and including final disposal or recovery in the third country of destination.

4.   Environmentally sound management may inter alia be assumed as regards the waste stream and recovery operation concerned, if
  the country
  of destination
  can demonstrate as a minimum that the recipient facility will be operated in accordance with occupational health and environmental protection standards that are equivalent to European Union standards
  .

This assumption is, however, without prejudice to the overall assessment of environmentally sound management throughout the period of shipment and including final disposal or recovery in the third country of destination.

To seek guidance on environmentally sound management, the guidelines listed in Annex VIII may be considered.

This Article does not apply to exports of waste covered by Article 34 or 36.

5.   Member States shall take all necessary steps to ensure that the obligations laid down in paragraphs 1 to 3 are carried out.

TITLE V

IMPORTS INTO THE COMMUNITY FROM THIRD COUNTRIES

CHAPTER 1

IMPORTS OF WASTE FOR DISPOSAL

Article 42

Import prohibited except from EFTA- or Basel Party country or with an agreement in place

1.   All imports into the Community of waste destined for disposal are prohibited except those from:

| (a) | countries which are Parties to the Basel Convention; or |
| --- | --- |

(a)

countries which are Parties to the Basel Convention; or

| (b) | other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or |
| --- | --- |

(b)

other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or

| (c) | other countries with which individual Member States conclude bilateral agreements or arrangements in accordance with paragraph 2; or |
| --- | --- |

(c)

other countries with which individual Member States conclude bilateral agreements or arrangements in accordance with paragraph 2; or

| (d) | other areas in cases where, on exceptional grounds during crises or wars, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or no competent authorities in the country of dispatch are able to act. |
| --- | --- |

(d)

other areas in cases where, on exceptional grounds during crises or wars, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or no competent authorities in the country of dispatch are able to act.

2.   In exceptional cases individual Member States may conclude bilateral agreements and arrangements for the disposal of specific waste, where such waste will not be managed in an environmentally sound manner in the country of dispatch.

These agreements and arrangements shall be compatible with Community legislation and in accordance with Article 11 of the Basel Convention.

They shall guarantee that the disposal operations are carried out in an authorised facility and comply with the requirements for environmentally sound management.

They shall also guarantee that the waste is produced in the country of dispatch and that disposal will be carried out exclusively in the Member State which has concluded the agreement or arrangement.

These agreements or arrangements shall be notified to the Commission prior to their conclusion. However, in emergency situations they may be notified up to one month after conclusion.

3.   Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(b) and (c) shall be based upon the control procedure of Article 43.

4.   The countries referred to in paragraph 1(a) to (c) shall be required to present a duly motivated request beforehand to the competent authority of the Member State of destination in the Community on the basis that they do not have and cannot reasonably acquire the technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner.

Article 43

Procedural requirements if import from EFTAor Basel Party country

1.   Where waste is imported into the Community and destined for disposal from countries Parties to the Basel Convention, the provisions of Title II shall apply mutatis mutandis with the modifications and additions listed in paragraphs 2 and 3.

2.   The following modifications apply:

| (a) | notification shall be made through the competent authority of dispatch to the competent authority of destination by means of a notification document issued by the competent authority of dispatch and with copies to the consignee and the competent authorities of transit; |
| --- | --- |

(a)

notification shall be made through the competent authority of dispatch to the competent authority of destination by means of a notification document issued by the competent authority of dispatch and with copies to the consignee and the competent authorities of transit;

| (b) | the competent authority of transit outside the Community has 60 days following dispatch of its acknowledgement of receipt of the notification to give written consent, set conditions and require additional information to the notified shipment; |
| --- | --- |

(b)

the competent authority of transit outside the Community has 60 days following dispatch of its acknowledgement of receipt of the notification to give written consent, set conditions and require additional information to the notified shipment;

| (c) | in the cases referred to in Article 42(1)(d) involving crises or wars, the consent of the competent authorities of dispatch shall not be required. |
| --- | --- |

(c)

in the cases referred to in Article 42(1)(d) involving crises or wars, the consent of the competent authorities of dispatch shall not be required.

3.   The following additional provisions apply:

| (a) | the competent authority of transit in the Community shall acknowledge the receipt of the notification to the notifier, with copies to the competent authorities concerned; |
| --- | --- |

(a)

the competent authority of transit in the Community shall acknowledge the receipt of the notification to the notifier, with copies to the competent authorities concerned;

| (b) | the competent authorities of destination and transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of entry into the Community; |
| --- | --- |

(b)

the competent authorities of destination and transit in the Community shall send a stamped copy of their decisions to consent to the shipment to the customs office of entry into the Community;

| (c) | a specimen of the movement document shall be delivered by the carrier to the customs office of entry into the Community; |
| --- | --- |

(c)

a specimen of the movement document shall be delivered by the carrier to the customs office of entry into the Community;

| (d) | as soon as the waste enters into the Community, the customs office of entry into the Community shall send a stamped copy of the movement document to the competent authority(ies) of destination and transit in the Community, stating that the waste has entered the Community; and |
| --- | --- |

(d)

as soon as the waste enters into the Community, the customs office of entry into the Community shall send a stamped copy of the movement document to the competent authority(ies) of destination and transit in the Community, stating that the waste has entered the Community; and

| (e) | a copy of the movement document and if requested by the competent authorities, a copy of the notification form, together with the stamp of consent from the competent authorities of dispatch, destination and transit shall accompany each shipment. |
| --- | --- |

(e)

a copy of the movement document and if requested by the competent authorities, a copy of the notification form, together with the stamp of consent from the competent authorities of dispatch, destination and transit shall accompany each shipment.

4.   The shipment may only start if:

| (a) | the notifier has received written consent from the competent authorities of dispatch, destination and transit and if the conditions laid down are met; |
| --- | --- |

(a)

the notifier has received written consent from the competent authorities of dispatch, destination and transit and if the conditions laid down are met;

| (b) | a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6; |
| --- | --- |

(b)

a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6;

| (c) | a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination in the Community or any country of transit Party to the Basel Convention; and |
| --- | --- |

(c)

a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination in the Community or any country of transit Party to the Basel Convention; and

| (d) | protection of the environment as required in Article 48 is ensured. |
| --- | --- |

(d)

protection of the environment as required in Article 48 is ensured.

5.   If a custom office of entry into the Community observes a shipment that does not comply with the provisions of this Regulation, it shall:

| (a) | inform without delay the competent authority of destination in the Community, who informs the competent authority of dispatch outside the Community; and |
| --- | --- |

(a)

inform without delay the competent authority of destination in the Community, who informs the competent authority of dispatch outside the Community; and

| (b) | ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing. |
| --- | --- |

(b)

ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing.

CHAPTER 2

IMPORTS OF WASTE RECOVERY

Article 44

Import prohibited except from OECD Decision-, EFTA- or Basel Party country or with an agreement in place

1.   All imports into the Community of waste destined for recovery are prohibited except those from:

| (a) | countries to which the OECD decision applies; or |
| --- | --- |

(a)

countries to which the OECD decision applies; or

| (b) | other countries which are Parties to the Basel Convention; or |
| --- | --- |

(b)

other countries which are Parties to the Basel Convention; or

| (c) | other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or |
| --- | --- |

(c)

other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or

| (d) | other countries with which individual Member States conclude bilateral agreements or arrangements in accordance with paragraph 2; or |
| --- | --- |

(d)

other countries with which individual Member States conclude bilateral agreements or arrangements in accordance with paragraph 2; or

| (e) | other areas in cases where, on exceptional grounds during crises or wars, no bilateral agreements or arrangements pursuant to points (c) or (d) can be concluded or no competent authorities in the country of dispatch are able to act. |
| --- | --- |

(e)

other areas in cases where, on exceptional grounds during crises or wars, no bilateral agreements or arrangements pursuant to points (c) or (d) can be concluded or no competent authorities in the country of dispatch are able to act.

2.   In exceptional cases individual Member States may conclude bilateral agreements and arrangements for the recovery of specific waste, where such waste will not be managed in an environmentally sound manner in the country of dispatch.

In such cases the provisions of Article 42(2) apply.

3.   Bilateral or multilateral agreements or arrangements and entered into in accordance with paragraph 1(c) and (d) shall be based upon the control procedures of Articles 43 or 45 as relevant.

4.
     
  As far as hazardous wastes are concerned, or in respect of wastes listed in Annex II of the Basel Convention, the countries referred to in paragraph 1(a) to (d) shall present a duly motivated request beforehand to the competent authority of the Member State of destination on the basis that they do not have and cannot reasonably acquire the technical capacity and the necessary facilities in order to recover the waste in an environmentally sound manner.

Article 45

Procedural requirements if import from OECD Decision countries

1.   Where waste is imported into the Community and destined for recovery

| — | from a country to which the OECD Decision applies; and/or |
| --- | --- |

—

from a country to which the OECD Decision applies; and/or

| — | through countries to which the OECD Decision applies |
| --- | --- |

—

through countries to which the OECD Decision applies

the provisions of Title II shall apply mutatis mutandis, with the modifications and additions listed in paragraphs 2 and 3.

2.   The following
  modifications
  apply:

| (a) | the consent as required in accordance with Article 10 may be provided by tacit consent from the competent authority of dispatch outside the Community; and |
| --- | --- |

(a)

the consent as required in accordance with Article 10 may be provided by tacit consent from the competent authority of dispatch outside the Community; and

| (b) | in the cases referred to in Article 44(1)(e) involving crises or wars, the consent of the competent authorities of dispatch shall not be required. |
| --- | --- |

(b)

in the cases referred to in Article 44(1)(e) involving crises or wars, the consent of the competent authorities of dispatch shall not be required.

3.   The following additional provisions apply:

| (a) | the competent authorities of import and transit in the Community shall send stamped copies of their decisions to consent to a shipment to the customs office of entry into the Community; |
| --- | --- |

(a)

the competent authorities of import and transit in the Community shall send stamped copies of their decisions to consent to a shipment to the customs office of entry into the Community;

| (b) | a copy of the movement document shall be delivered by the carrier to the customs office of entry into the Community; and |
| --- | --- |

(b)

a copy of the movement document shall be delivered by the carrier to the customs office of entry into the Community; and

| (c) | as soon as the waste enters into the Community, the customs office of entry into the community shall send a stamped copy of the movement document to the competent authority of destination and transit in the Community, stating that the waste has entered the community. |
| --- | --- |

(c)

as soon as the waste enters into the Community, the customs office of entry into the community shall send a stamped copy of the movement document to the competent authority of destination and transit in the Community, stating that the waste has entered the community.

4.   The shipment may be effected only if:

| (a) | the notifier has received written consent from the competent authorities of dispatch, destination and transit or, if tacit consent from the competent authority of dispatch outside the Community is provided and can be assumed, and if the conditions laid down are met; |
| --- | --- |

(a)

the notifier has received written consent from the competent authorities of dispatch, destination and transit or, if tacit consent from the competent authority of dispatch outside the Community is provided and can be assumed, and if the conditions laid down are met;

| (b) | a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6; |
| --- | --- |

(b)

a contract between the notifier and consignee is established and legally binding as required in Articles 5(4) and 6;

| (c) | a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination in the Community or any country of transit Party to the Basel Convention; and |
| --- | --- |

(c)

a financial guarantee or equivalent insurance is established, legally binding and applicable as required in Articles 5(5) and 7 and as required by the competent authority of destination in the Community or any country of transit Party to the Basel Convention; and

| (d) | protection of the environment as required in Article 48 is ensured. |
| --- | --- |

(d)

protection of the environment as required in Article 48 is ensured.

5.   If a custom office of entry into the Community observes a shipment that does not comply with the provisions of this Article, it shall

| (a) | inform without delay the competent authority of destination in the Community, who informs the competent authority of dispatch outside the Community; and |
| --- | --- |

(a)

inform without delay the competent authority of destination in the Community, who informs the competent authority of dispatch outside the Community; and

| (b) | ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing. |
| --- | --- |

(b)

ensure detention of the waste until that competent authority has decided otherwise and has communicated that to the customs office in writing.

Article 46

Procedural requirements if import from non-OECD Decision country

Party to the Basel Convention

| — | Where waste is imported into the Community and destined for recovery |
| --- | --- |

—

Where waste is imported into the Community and destined for recovery

| — | from a country to which the OECD Decision does not apply; and/or |
| --- | --- |

—

from a country to which the OECD Decision does not apply; and/or

through any country to which the OECD Decision does not apply and which is also Party to the Basel Convention, the provisions of Article 43 shall apply mutatis mutandis.

CHAPTER 3

GENERAL PROVISIONS

Article 47

Imports from Overseas Countries or Territories

1.   Where waste is imported into the Community from Overseas Countries or Territories, the provisions of Title II apply mutatis mutandis.

2.   One or more Overseas Country and Territory and the Member State to which they are linked may apply national procedures to shipments from the Overseas Country and Territory to that Member State.

3.   Member States that apply paragraph 2, shall notify the Commission of the national procedures applied.

Article 48

Protection of the environment within the Community

1.   The producer, the notifier and other undertakings involved in a shipment shall take all necessary steps to ensure that any waste they ship is managed without endangering human health and without using processes or methods which could harm the environment as required in Article 4 of Directive 75/442/EEC and in accordance with Community legislation on waste throughout the period of shipment and including final disposal or final recovery in the country of destination.

2.   The competent authority of destination in the Community shall require and secure that any waste shipped into its area of jurisdiction is managed without endangering human health and without using processes or methods which could harm the environment as required in Article 4 of Directive 75/442/EEC and in accordance with Community legislation on waste throughout the period of shipment and including final disposal or recovery in the country of destination.

3.   The competent authority of destination in the Community shall prohibit an import of waste from third countries if it has any reason to believe that the waste will not be managed without endangering human health and without using processes or methods which could harm the environment as required in Article 4 of Directive 75/442/EEC and in accordance with Community legislation on waste throughout the period of shipment and including final disposal or recovery in the country of destination.

TITLE VI

TRANSIT THROUGH THE COMMUNITY FROM AND TO THIRD COUNTRIES

CHAPTER 1

WASTE FOR DISPOSAL

Article 49

Transit through the Community of waste destined for disposal

1.   Where waste destined for disposal is shipped through a Member State from and to third countries the provisions of Article 43 shall apply mutatis mutandis, with the modifications listed in paragraph 2.

2.   The following modifications apply:

| (a) | the notifier shall also send a copy of the notification to the customs offices of entry into and exit from the Community; |
| --- | --- |

(a)

the notifier shall also send a copy of the notification to the customs offices of entry into and exit from the Community;

| (b) | the first and last competent authority of transit in the Community shall send a stamped copy of the decisions to consent to the shipment to the customs offices of entry into and exit from the Community respectively; and |
| --- | --- |

(b)

the first and last competent authority of transit in the Community shall send a stamped copy of the decisions to consent to the shipment to the customs offices of entry into and exit from the Community respectively; and

| (c) | as soon as the waste has left the Community, the customs office of exit from the Community shall send a copy of the movement document to the competent authorities of transit in the Community, stating that the waste has left the Community. |
| --- | --- |

(c)

as soon as the waste has left the Community, the customs office of exit from the Community shall send a copy of the movement document to the competent authorities of transit in the Community, stating that the waste has left the Community.

CHAPTER 2

WASTE FOR RECOVERY

Article 50

Transit through the Community of waste from and/or to a non-OECD Decision country

Where waste destined for recovery is shipped through a Member State from and/or to a country to which the OECD Decision does not apply, Article 49 shall apply mutatis mutandis.

Article 51

Transit through the Community of waste from and/or to an OECD Decision country

1.   Where waste destined for recovery is shipped through (a) Member State(s) from and/or to a country to which the OECD Decision applies, the provisions of Article 45 shall apply mutatis mutandis, with the modifications listed in paragraph 2.

2.   The following modifications apply:

| (a) | the notifier shall also send a copy of the notification to the customs offices of entry into and exit from the Community; |
| --- | --- |

(a)

the notifier shall also send a copy of the notification to the customs offices of entry into and exit from the Community;

| (b) | the first and last competent authority of transit in the Community shall send a stamped copy of the decisions to consent to the shipment to the customs offices of entry into and exit from the Community respectively; and |
| --- | --- |

(b)

the first and last competent authority of transit in the Community shall send a stamped copy of the decisions to consent to the shipment to the customs offices of entry into and exit from the Community respectively; and

| (c) | as soon as the waste has left the Community, the customs office of exit from the Community shall send a copy of the movement document to the competent authorities of transit in the Community, stating that the waste has left the Community. |
| --- | --- |

(c)

as soon as the waste has left the Community, the customs office of exit from the Community shall send a copy of the movement document to the competent authorities of transit in the Community, stating that the waste has left the Community.

TITLE VII

OTHER PROVISIONS

CHAPTER 1

ADDITIONAL OBLIGATIONS RELATED TO MEMBER STATES

Article 52

Enforcement in Member States

1.   Member States shall take appropriate legal action to prevent and detect illegal shipments, including the imposition of penalties. Any such measures shall be notified to the Commission.

2.   Member States may, by way of enforcement measures for this Regulation, make provision for, inter alia, inspections of establishments and undertakings in accordance with Article 13 of Directive 75/442/EEC, and spot checks of shipments.

3.   Checks of shipments may take place in particular:

| (a) | at the point of origin, carried out together with the producer, holder or notifier; |
| --- | --- |

(a)

at the point of origin, carried out together with the producer, holder or notifier;

| (b) | at the destination, carried out together with the final consignee; |
| --- | --- |

(b)

at the destination, carried out together with the final consignee;

| (c) | at the frontiers of the Community; and/or |
| --- | --- |

(c)

at the frontiers of the Community; and/or

| (d) | while the shipment is in transit within the Community. |
| --- | --- |

(d)

while the shipment is in transit within the Community.

4.   Checks may include the inspection of documents, the confirmation of identity and, if appropriate, physical checking of the waste.

5.   Member States may co-operate, bilaterally or multilaterally, with one another in order to facilitate the prevention and detection of illegal shipments.

6.   At the request of another Member State, a Member State may take enforcement action against persons suspected of being engaged in the illegal shipment of waste who are located in that Member State.

Article 53

Member States reporting

1.
     
  The competent authority of the exporting or importing Member State shall make publicly available by appropriate means, such as the Internet, all notifications of shipments it has consented to, and all related documents, at the latest 7 days after consent was given.

2.   Before the end of every calendar year, each Member State shall send the Commission a copy of the report for the previous calendar year which, in accordance with Article 13(3) of the Basel Convention, it has drawn up and submitted to the Secretariat of that Convention.

3.   Before the end of each calendar year, Member States shall also draw up a report for the previous year based on the additional reporting questionnaire in Annex IX and send it to the Commission.

4.   The reports drawn up by Member States in accordance with paragraphs 2 and 3 shall be submitted to the Commission in an electronic as well as a paper version.

5.   The Commission shall, based on these reports, establish every three years reports on the implementation of this Regulation by the Community and its Member States. To this end the Commission may request additional information in accordance with Article 6 of Directive 91/692/EEC.

Article 54

International co-operation

Member States, and as appropriate and necessary in liaison with the Commission, shall co-operate with other parties to the Basel Convention and inter-State organisations, inter alia, via the exchange and/or sharing of information, the promotion of environmentally sound technologies and the development of appropriate codes of good practice.

Article 55

Designation of customs offices of entry into and exit from the Community

Member States may designate customs offices of entry into and exit from the Community for shipments of waste entering and leaving the Community.

If Member States decide to designate the custom offices referred to in the first paragraph, no shipment of waste shall be allowed to use any other frontier crossing points within a Member State for entering or leaving the Community.

Article 56

Designation of competent authority

Member States shall designate the competent authority or authorities responsible for the application and operation of this Regulation. Only one single competent authority of transit shall be designated by each Member State.

Article 57

Designation of correspondents

Member States and the Commission shall each designate one correspondent responsible for informing or advising persons or undertakings who or which make enquiries. The Commission correspondent shall forward to the correspondents of the Member States any questions put to him/her which concern the latter, and vice versa.

Article 58

Notification of and information regarding designations

1.   Member States shall notify the Commission of designations of custom offices of entry into and departure from the Community, competent authorities and correspondents made pursuant to Articles 55, 56 and 57 respectively.

2.   Member States shall notify the Commission of the following information in relation to those designations

| — | the name(s); |
| --- | --- |

—

the name(s);

| — | post address(es); |
| --- | --- |

—

post address(es);

| — | e-mail address(es); |
| --- | --- |

—

e-mail address(es);

| — | telephone number(s); and |
| --- | --- |

—

telephone number(s); and

| — | telefax number(s). |
| --- | --- |

—

telefax number(s).

3.   Member States shall immediately notify the Commission of any changes in this information.

4.   This information as well as any changes in the information shall be submitted to the Commission in an electronic as well as a paper version.

5.   The Commission shall publish lists of the designated customs offices of entry into and departure from the Community, competent authorities and correspondents on its web-site and shall, as appropriate, update these lists.

CHAPTER 2

OTHER PROVISIONS

Article 59

Meeting of the Correspondents

The Commission shall, if requested by Member States or if otherwise appropriate, periodically hold a Meeting of the Correspondents to examine with them the questions raised by the implementation of this Regulation.

Article 60

Amendment of Annexes

1.   The Annexes of this Regulation shall be amended by the Commission by means of Commission Regulations and in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC to take account of scientific and technical progress.

2.   Amendments to Annex III, IV and V shall consider changes agreed under the Basel Convention and the OECD Decision.

3.   Amendments to Annex V shall, however, also reflect changes agreed on the list of hazardous waste adopted in accordance with Article 1(4) of Directive 91/689/EEC.

4.   Amendments to Annex VIII shall reflect relevant international conventions and agreements.

Article 61

Additional measures

1.   The Commission may adopt additional measures related to the implementation, application, administration and enforcement of this Regulation
  and the provisions of the 2003 Act of Accession that relate to shipments of waste
  .

2.   Such measures shall be decided in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC and Article 5 of Decision 1999/468/EC.

3.   The period laid down in Article 5(6) of Decision 1999/468/EC shall be 30 days.

Article 62

Repeals

1.   Regulation (EEC) No 259/93 on shipments of waste and Decision 94/774/EC concerning a standard consignment note are hereby repealed with effect from the date of application of this Regulation.

2.   Decision 1999/412/EC concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Regulation (EEC) No 259/93 is repealed with effect from the 31 December following the date of application of this Regulation.

Article 63

Transition rules

1.   Any shipment that has been notified to the competent authority of dispatch and has started before the date of application of this Regulation is subject to the provisions of Regulation (EEC) No 259/93.

2.   Any shipment for which the competent authorities concerned have given their consent pursuant to Regulation (EEC) No 259/93 shall be completed not later than one year from the date of application of this Regulation.

3.   Reporting pursuant to Article 41(2) of Regulation (EEC) No 259/93 and Article 53 of this Regulation for the year by which this Regulation is applied shall be based on the questionnaire contained in Decision 1999/412/EC.

Article 64

Entry into force and application

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

It shall apply 10 months after publication.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  OJ C ...

3

(4)  Position of the European Parliament of 19 November 2003.

4

Position of the European Parliament of 19 November 2003.

(5)  OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

5

(6)  OJ L 310, 3.12.1994, p. 70.

6

(7)  OJ L 156, 23.6.1999, p. 37.

7

(8)  OJ L 39, 16.2.1993, p. 1.

8

(9)  OJ C 362, 2.12.1996, p. 241.

9

(10)  OJ C 76, 11.3.1997, p. 1.

10

(11)  
  OJ L 272, 4.10.1997, p. 45.

11

OJ L 272, 4.10.1997, p. 45.

(12)  OJ L 22, 24.1.1997, p. 14.

12

(13)  OJ L 273, 10.10.2002, p. 1. Regulation as amended by Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003, p. 1).

13

Regulation as amended by Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003, p. 1)

(14)  OJ L 147, 31.5.2001, p. 1. Regulation as amended by Commission Regulation (EC) No 1915/2003 (OJ L 283, 31.10.2003, p. 29).

14

Regulation as amended by Commission Regulation (EC) No 1915/2003 (OJ L 283, 31.10.2003, p. 29)

(15)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

15

amended

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

(16)  (2003) ECR I-1439.

16

(17)  (2003) ECR I-1553.

17

(18)  OJ L 257, 10.10.1996, p. 26. Directive as amended by Regulation (EC) No 1882/2003.

18

Directive as amended by Regulation (EC) No 1882/2003

(19)  OJ L 314, 30.11.2001, p. 1.

19

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

20

(21)  OJ L 35, 12.2.1992, p. 24.

21

(22)  OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

22

Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28)

(23)  OJ L 302, 19.10.1992, p. 1. Regulation as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).

23

Regulation as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17)

(24)  OJ L 253, 11.10.1993, p. 1. Regulation as amended by Regulation (EC) No 1335/2003 (OJ L 187, 26.7.2003, p. 16).

24

Regulation as amended by Regulation (EC) No 1335/2003 (OJ L 187, 26.7.2003, p. 16)

(25)  OJ L 226, 6.9.2000, p. 3.

25

(26)  OJ L 13, 19.1.2000, p. 12.

26

ANNEX IA

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ANNEX IB

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ANNEX II

INFORMATION AND DOCUMENTATION RELATED TO NOTIFICATION

1.   Information to be included in or annexed to the notification document:

| 1. | Serial number or other accepted identifier of notification document. |
| --- | --- |

1.

Serial number or other accepted identifier of notification document.

| 2. | Notifier name, address, telephone, telefax, e-mail and contact person. |
| --- | --- |

2.

Notifier name, address, telephone, telefax, e-mail and contact person.

| 3. | Recovery or disposal facility name, address, telephone, telefax, e-mail, technologies
  employed.




  If
  the recovery or disposal facility is listed in Annex I, Category 5 of Directive 96/61/EC, evidence of valid permit issued in accordance with Articles 4 and 5 of that Directive shall be provided. |
| --- | --- |

3.

Recovery or disposal facility name, address, telephone, telefax, e-mail, technologies
  employed.

If
  the recovery or disposal facility is listed in Annex I, Category 5 of Directive 96/61/EC, evidence of valid permit issued in accordance with Articles 4 and 5 of that Directive shall be provided.

| 4. | Consignee name, address, telephone, telefax, e-mail. |
| --- | --- |

4.

Consignee name, address, telephone, telefax, e-mail.

| 5. | Intended carrier(s) and/or their agents name, address, telephone, telefax and e-mail |
| --- | --- |

5.

Intended carrier(s) and/or their agents name, address, telephone, telefax and e-mail

| 6. | Country of dispatch and relevant competent authority. |
| --- | --- |

6.

Country of dispatch and relevant competent authority.

| 7. | Countries of transit and relevant competent authorities. |
| --- | --- |

7.

Countries of transit and relevant competent authorities.

| 8. | Country of destination and relevant competent authority. |
| --- | --- |

8.

Country of destination and relevant competent authority.

| 9. | Single notification or general notification. If general notification, period of validity requested. |
| --- | --- |

9.

Single notification or general notification. If general notification, period of validity requested.

| 10. | Date(s) foreseen for commencement of the shipment(s). |
| --- | --- |

10.

Date(s) foreseen for commencement of the shipment(s).

| 11. | Means of transport, routing (point of exit and entry into and out of each country concerned, including customs offices of exit and entry into the Community) and route (route between points of exit and entry), including possible alternatives. |
| --- | --- |

11.

Means of transport, routing (point of exit and entry into and out of each country concerned, including customs offices of exit and entry into the Community) and route (route between points of exit and entry), including possible alternatives.

| 12. | Evidence of registration of the carrier regarding waste transports. |
| --- | --- |

12.

Evidence of registration of the carrier regarding waste transports.

| 13. | Designation of waste type on the appropriate list, the source(s), description, quantity(ies), composition and any hazardous characteristics. In case of waste from various sources, also a detailed inventory of the waste. |
| --- | --- |

13.

Designation of waste type on the appropriate list, the source(s), description, quantity(ies), composition and any hazardous characteristics. In case of waste from various sources, also a detailed inventory of the waste.

| 14. | Specification of the recovery or disposal operation(s) as referred to in Annex IIA and B of Directive 75/442/EEC. |
| --- | --- |

14.

Specification of the recovery or disposal operation(s) as referred to in Annex IIA and B of Directive 75/442/EEC.

| 15. | If the waste is destined for recovery:






  (a) | The planned method of disposal for the residual waste after recovery |
| --- | --- | --- |

15.

If the waste is destined for recovery:

(a)

The planned method of disposal for the residual waste after recovery

| (b) | The amount of recovered material in relation to the residual waste and the non-recoverable waste |
| --- | --- |

(b)

The amount of recovered material in relation to the residual waste and the non-recoverable waste

| (c) | The estimated value of the recovered material |
| --- | --- |

(c)

The estimated value of the recovered material

| (d) | The cost of recovery and the cost of disposal of the residual waste |
| --- | --- |

(d)

The cost of recovery and the cost of disposal of the residual waste

| 16. | Evidence of insurance against liability for damage to third parties. |
| --- | --- |

16.

Evidence of insurance against liability for damage to third parties.

| 17. | Evidence of liability insurance for the transport vehicles. |
| --- | --- |

17.

Evidence of liability insurance for the transport vehicles.

| 18. | Evidence of a contract between the notifier and consignee for the treatment of the waste that is established and legally binding upon notification as required in Articles 5(4) and 6. |
| --- | --- |

18.

Evidence of a contract between the notifier and consignee for the treatment of the waste that is established and legally binding upon notification as required in Articles 5(4) and 6.

| 19. | Evidence of a financial guarantee or equivalent insurance that is established and legally binding upon notification and activated when the shipment starts, as required in Articles 5(5) and 7. |
| --- | --- |

19.

Evidence of a financial guarantee or equivalent insurance that is established and legally binding upon notification and activated when the shipment starts, as required in Articles 5(5) and 7.

| 20. | Certification by the notifier that the information is completed and correct to the best of his knowledge. |
| --- | --- |

20.

Certification by the notifier that the information is completed and correct to the best of his knowledge.

| 21. | Customs offices of entry and/or exit and/or export. |
| --- | --- |

21.

Customs offices of entry and/or exit and/or export.

2.   Information to be included in or annexed to the movement document:

Include all information listed in part 1 above plus:

| 1. | Date shipment has commenced. |
| --- | --- |

1.

Date shipment has commenced.

| 2. | Carrier(s) name, address, telephone, telefax, e-mail. |
| --- | --- |

2.

Carrier(s) name, address, telephone, telefax, e-mail.

| 3. | Type of packaging envisaged. |
| --- | --- |

3.

Type of packaging envisaged.

| 4. | Any special precautions to be taken by carrier(s). |
| --- | --- |

4.

Any special precautions to be taken by carrier(s).

| 5. | Declaration by notifier that no objection has been lodged by the competent authorities of all countries concerned. This declaration requires signature of the notifier. |
| --- | --- |

5.

Declaration by notifier that no objection has been lodged by the competent authorities of all countries concerned. This declaration requires signature of the notifier.

| 6. | Appropriate signatures for each custody transfer. |
| --- | --- |

6.

Appropriate signatures for each custody transfer.

3.   Additional information and documentation that may be requested by the competent authorities:

| 1. | In the case of the notifier not being the producer, the original producer(e)s identity. |
| --- | --- |

1.

In the case of the notifier not being the producer, the original producer(e)s identity.

| 2. | the type and duration of the authorisation under which the treatment facility operates. |
| --- | --- |

2.

the type and duration of the authorisation under which the treatment facility operates.

| 3. | Information about the measures to be taken to ensure transport safety. |
| --- | --- |

3.

Information about the measures to be taken to ensure transport safety.

| 4. | The transport distance(s) between notifier and consignee, including possible alternative routes. |
| --- | --- |

4.

The transport distance(s) between notifier and consignee, including possible alternative routes.

| 5. | Chemical analysis of the composition of the waste. |
| --- | --- |

5.

Chemical analysis of the composition of the waste.

| 6. | Description of the production process of the waste. |
| --- | --- |

6.

Description of the production process of the waste.

| 7. | Description of the treatment process of the receiving plant |
| --- | --- |

7.

Description of the treatment process of the receiving plant

| 8. | Information about calculation of the financial guarantee or equivalent insurance as required in Articles 5(5) and 7. |
| --- | --- |

8.

Information about calculation of the financial guarantee or equivalent insurance as required in Articles 5(5) and 7.

ANNEX III

LIST OF WASTE SUBJECT TO THE PROCEDURE OF BEING ACCOMPANIED BY CERTAIN INFORMATION (‘GREEN’ LISTED WASTE) (1)

Regardless of whether or not wastes are included on this list, they may not be subject to the control procedure of being accompanied by certain information if they are contaminated by other materials to an extent which (a) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the control procedure of written notification and consent, when taking into account the hazardous characteristics listed in Annex III of Directive 91/689/EEC, or (b) prevents the recovery of the wastes in an environmentally sound manner.

PART I

Wastes listed in Annex IX of the Basel Convention (2).

For the purposes of this Regulation:

| (a) | Any reference to list A in Annex IX of the Basel Convention shall be understood as a reference to Annex IV of this Regulation. |
| --- | --- |

(a)

Any reference to list A in Annex IX of the Basel Convention shall be understood as a reference to Annex IV of this Regulation.

| (b) | In Basel entry B1020 the term ‘bulk finished form’ includes all metallic non-dispersible (3) forms of the scrap listed therein. |
| --- | --- |

(b)

In Basel entry B1020 the term ‘bulk finished form’ includes all metallic non-dispersible (3) forms of the scrap listed therein.

| (c) | The part of Basel entry B1100 that refers to ‘Slags from copper processing’ etc. does not apply and (OECD) entry GB040 in Part II applies instead. |
| --- | --- |

(c)

The part of Basel entry B1100 that refers to ‘Slags from copper processing’ etc. does not apply and (OECD) entry GB040 in Part II applies instead.

| (d) | Basel entry B1110 does not apply and (OECD) entries GC010 and GC020 in Part II apply instead. |
| --- | --- |

(d)

Basel entry B1110 does not apply and (OECD) entries GC010 and GC020 in Part II apply instead.

| (e) | Basel entry B2050 does not apply and (OECD) entry GG040 in Part II applies instead. |
| --- | --- |

(e)

Basel entry B2050 does not apply and (OECD) entry GG040 in Part II applies instead.

| (f) | The reference in Basel entry B3010 to fluorinated polymer wastes shall be deemed to include polymers and co-polymers of fluorinated ethylene (PTFE). |
| --- | --- |

(f)

The reference in Basel entry B3010 to fluorinated polymer wastes shall be deemed to include polymers and co-polymers of fluorinated ethylene (PTFE).

| (g) | Basel entries B1200 and B1210 do not apply provided that the slags were specifically produced to meet both national and relevant international requirements and standards. |
| --- | --- |

(g)

Basel entries B1200 and B1210 do not apply provided that the slags were specifically produced to meet both national and relevant international requirements and standards.

PART II

The following wastes will also be subject to the procedure of being accompanied by certain information:

| Metal and Metal-Alloy Wastes in Metallic, Non-Dispersible Form |
| --- |
| GA300 | ex 811220 | Chromium waste and scrap |
| Metal Bearing Wastes Arising from Melting, Smelting and Refining of Metals |
| GB040 | 7112
  262030
  262090 | Slags from precious metals and copper processing for further refining |
| Other Wastes Containing Metals |
| GC010 | | Electrical assemblies consisting only of metals or alloys |
| GC020 | | Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery |
| GC030 | ex 890800 | Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials
  contained in
  the vessel which may have been classified as a dangerous substance or
  waste |
| GC040 | ex 8701-05
  ex 8709-11 | Motor vehicle wrecks, drained of liquids |
| GC050 | | Spent Fluid Catalytic Cracking (FCC) Catalysts (e.g.: aluminium oxide, zeolites) |
| The following metal and metal alloy wastes in metallic dispersible form: |
| GC090 | | Molybdenum |
| GC100 | | Tungsten |
| GC110 | | Tantalum |
| GC120 | | Titanium |
| GC130 | | Niobium |
| GC140 | | Rhenium |
| Glass Waste in Non-dispersible Form |
| GE020 | ex 7001
  ex 701939 | Glass Fibre Waste |
| Ceramic Wastes in Non-Dispersible Form |
| GF010 | | Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use) |
| Other Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
| GG030 | ex 2621 | Bottom ash and slag tap from coal fired power plants |
| GG040 | ex 2621 | Coal fired power plants fly ash |
| GG160 | | Bituminous materials (asphalt waste) from road construction and maintenance, not containing tar |
| Solid Plastic Wastes |
| GH013 | 391530
  ex 390410-40 | Polymers of vinyl chloride |
| Textile Wastes |
| GJ140 | ex 6310 | Waste textile floor coverings, carpets |
| Wastes Arising from Agro-Food Industries |
| GM140 | ex 1500 | Waste edible fats and oils of animal or vegetable origin (e.g. frying oils) |
| Wastes Arising from Tanning and Fellmongery Operations and Leather Use |
| GN010 | ex 050200 | Waste of pigs', hogs' or boars' bristles and hair or of badger hair and other brush making hair |
| GN020 | ex 050300 | Horsehair waste, whether or not put up as a layer with or without supporting material |
| GN030 | ex 050590 | Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation |

Metal and Metal-Alloy Wastes in Metallic, Non-Dispersible Form

GA300

ex 811220

Chromium waste and scrap

Metal Bearing Wastes Arising from Melting, Smelting and Refining of Metals

GB040

7112

262030

262090

Slags from precious metals and copper processing for further refining

Other Wastes Containing Metals

GC010

Electrical assemblies consisting only of metals or alloys

GC020

Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery

GC030

ex 890800

Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials
  contained in
  the vessel which may have been classified as a dangerous substance or
  waste

GC040

ex 8701-05

ex 8709-11

Motor vehicle wrecks, drained of liquids

GC050

Spent Fluid Catalytic Cracking (FCC) Catalysts (e.g.: aluminium oxide, zeolites)

The following metal and metal alloy wastes in metallic dispersible form:

GC090

Molybdenum

GC100

Tungsten

GC110

Tantalum

GC120

Titanium

GC130

Niobium

GC140

Rhenium

Glass Waste in Non-dispersible Form

GE020

ex 7001

ex 701939

Glass Fibre Waste

Ceramic Wastes in Non-Dispersible Form

GF010

Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use)

Other Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials

GG030

ex 2621

Bottom ash and slag tap from coal fired power plants

GG040

ex 2621

Coal fired power plants fly ash

GG160

Bituminous materials (asphalt waste) from road construction and maintenance, not containing tar

Solid Plastic Wastes

GH013

391530

ex 390410-40

Polymers of vinyl chloride

Textile Wastes

GJ140

ex 6310

Waste textile floor coverings, carpets

Wastes Arising from Agro-Food Industries

GM140

ex 1500

Waste edible fats and oils of animal or vegetable origin (e.g. frying oils)

Wastes Arising from Tanning and Fellmongery Operations and Leather Use

GN010

ex 050200

Waste of pigs', hogs' or boars' bristles and hair or of badger hair and other brush making hair

GN020

ex 050300

Horsehair waste, whether or not put up as a layer with or without supporting material

GN030

ex 050590

Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation

---

(1)  This list originates from the OECD Decision, Appendix 3.

(2)  Annex IX of the Basel Convention is listed in this Regulation in Annex V, Part 1, List B.

(3)  ‘Non-dispersible’ does not include any wastes in the form of powder, sludge, dust or solid items containing encased hazardous waste liquids.

ANNEX IV

LIST OF WASTE SUBJECT TO THE PROCEDURE OF WRITTEN NOTIFICATION AND CONSENT (‘AMBER‘ LISTED WASTE) (1)

PART I

Wastes listed in Annexes II and VIII of the Basel Convention (2).

For the purposes of this Regulation:

| (a) | Any reference to list B in Annex VIII of the Basel Convention shall be understood as a reference to Annex III of this Regulation. |
| --- | --- |

(a)

Any reference to list B in Annex VIII of the Basel Convention shall be understood as a reference to Annex III of this Regulation.

| (b) | In Basel entry A1010, the term ‘excluding such wastes specifically listed on List B (Annex IX)’ is a reference both to Basel entry B1020 and the note on B1020 in Annex III to this Regulation, Part I (b). |
| --- | --- |

(b)

In Basel entry A1010, the term ‘excluding such wastes specifically listed on List B (Annex IX)’ is a reference both to Basel entry B1020 and the note on B1020 in Annex III to this Regulation, Part I (b).

| (c) | Basel entries A1180 and A2060 do not apply and OECD entries GC010, GC020 and GG040 in Annex III, Part II apply instead when appropriate. |
| --- | --- |

(c)

Basel entries A1180 and A2060 do not apply and OECD entries GC010, GC020 and GG040 in Annex III, Part II apply instead when appropriate.

| (d) | Basel entry A4050 includes spent potlinings from aluminium smelting because they contain Y33 inorganic cyanides. If the cyanides have been destroyed, spent potlinings are assigned to Part II entry AB120 because they contain Y32, inorganic fluorine compounds excluding calcium fluoride. |
| --- | --- |

(d)

Basel entry A4050 includes spent potlinings from aluminium smelting because they contain Y33 inorganic cyanides. If the cyanides have been destroyed, spent potlinings are assigned to Part II entry AB120 because they contain Y32, inorganic fluorine compounds excluding calcium fluoride.

PART II

The following wastes will also be subject to the procedure of written notification and consent:

| Metal Bearing Wastes |
| --- |
| AA010 | 261900 | Dross, scalings and other wastes from the manufacture of iron and steel (3) |
| AA060 | 262050 | Vanadium ashes and residues |
| AA190 | 810420
  ex 8/10430 | Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities |
| Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
| AB030 | | Wastes from non-cyanide based systems which arise from surface treatment of metals |
| AB070 | | Sands used in foundry operations |
| AB120 | ex 281290
  ex 3824 | Inorganic halide compounds, not elsewhere specified or included |
| AB130 | | Used blasting grit |
| AB150 | ex 382490 | Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD) |
| Wastes Containing Principally Organic Constituents, Which May Contain Metals and Inorganic Materials |
| AC020 | | Bituminous materials (asphalt waste) not elsewhere specified or included |
| AC060 | ex 381900 | Hydraulic fluids |
| AC070 | ex 381900 | Brake fluids |
| AC080 | ex 382000 | Antifreeze fluids |
| AC150 | | Chlorofluorocarbons |
| AC160 | | Halons |
| AC170 | ex 440310 | Treated cork and wood wastes |
| AC250 | | Surface active agents (surfactants) |
| AC260 | ex 3101 | Liquid pig manure; faeces |
| AC270 | | Sewage sludge |
| Wastes Which May Contain either Inorganic or Organic Constituents |
| AD090 | ex 382490 | Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included |
| AD100 | | Wastes from non-cyanide based systems which arise from surface treatment of plastics |
| AD120 | ex 391400
  ex 3915 | Ion exchange resins |
| AD150 | | Naturally occurring organic material used as a filter medium (such as bio-filters) |
| Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
| RB020 | ex 6815 | Ceramic based fibres of physico-chemical characteristics similar to those of asbestos |

Metal Bearing Wastes

AA010

261900

Dross, scalings and other wastes from the manufacture of iron and steel (3)

AA060

262050

Vanadium ashes and residues

AA190

810420

ex 8/10430

Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities

Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials

AB030

Wastes from non-cyanide based systems which arise from surface treatment of metals

AB070

Sands used in foundry operations

AB120

ex 281290

ex 3824

Inorganic halide compounds, not elsewhere specified or included

AB130

Used blasting grit

AB150

ex 382490

Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD)

Wastes Containing Principally Organic Constituents, Which May Contain Metals and Inorganic Materials

AC020

Bituminous materials (asphalt waste) not elsewhere specified or included

AC060

ex 381900

Hydraulic fluids

AC070

ex 381900

Brake fluids

AC080

ex 382000

Antifreeze fluids

AC150

Chlorofluorocarbons

AC160

Halons

AC170

ex 440310

Treated cork and wood wastes

AC250

Surface active agents (surfactants)

AC260

ex 3101

Liquid pig manure; faeces

AC270

Sewage sludge

Wastes Which May Contain either Inorganic or Organic Constituents

AD090

ex 382490

Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included

AD100

Wastes from non-cyanide based systems which arise from surface treatment of plastics

AD120

ex 391400

ex 3915

Ion exchange resins

AD150

Naturally occurring organic material used as a filter medium (such as bio-filters)

Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials

RB020

ex 6815

Ceramic based fibres of physico-chemical characteristics similar to those of asbestos

---

(1)  This list originates from the OECD Decision, Appendix 4.

(2)  Annex VIII of the Basel Convention is listed in this Regulation in Annex V, Part 1, List A.

(3)  This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.

ANNEX IVA

WASTE LISTED IN ANNEX III BUT SUBJECT TO THE PROCEDURE OF WRITTEN NOTIFICATION AND CONSENT (ARTICLE 3(3))

ANNEX V

WASTE SUBJECT TO THE EXPORT BAN IN ARTICLE 36

INTRODUCTORY NOTES

| 1. | Annex V shall apply without prejudice to Directive 75/442/EEC and Directive 91/689/EEC. |
| --- | --- |

1.

Annex V shall apply without prejudice to Directive 75/442/EEC and Directive 91/689/EEC.

| 2. | This Annex consists of three parts, whereby parts 2 and 3 only apply when
  List A of
  part 1 is not of application. Consequently, to determine if a specific waste is covered by Annex V of this Regulation, one has to first check whether the waste features in
  List A of
  part 1 of Annex V, if this is not the case whether it features in part 2, and if this is not the case whether it features in part 3.
  Part 1 is divided into two sub-sections: List A enumerating wastes which are classified as hazardous for the purposes of the Basel
  Convention and
  List B enumerating wastes which are not
  classified as hazardous
  .


  If
  a waste features in
  List A of part 1, it
  is covered by the export ban.
  If a waste does not feature in List A of part 1, but in part 2 or in part 3, it is also covered by the export ban. |
| --- | --- |

2.

This Annex consists of three parts, whereby parts 2 and 3 only apply when
  List A of
  part 1 is not of application. Consequently, to determine if a specific waste is covered by Annex V of this Regulation, one has to first check whether the waste features in
  List A of
  part 1 of Annex V, if this is not the case whether it features in part 2, and if this is not the case whether it features in part 3.

Part 1 is divided into two sub-sections: List A enumerating wastes which are classified as hazardous for the purposes of the Basel
  Convention and
  List B enumerating wastes which are not
  classified as hazardous
  .

If
  a waste features in
  List A of part 1, it
  is covered by the export ban.
  If a waste does not feature in List A of part 1, but in part 2 or in part 3, it is also covered by the export ban.

| 3. | Member States may make provisions, in exceptional cases, to determine, on the basis of documentary evidence provided in an appropriate way by the holder, that a specific hazardous waste on this Annex is excluded from the export ban referred to in Article 36 of this Regulation if it does not display any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards H3 to H8, H10 and H11 of the said Annex, the limit values laid down in Decision 2000/532/EC.
  In such a case, the Member State concerned shall inform the envisaged importing country prior to taking a decision. Member States shall notify such cases to the Commission before the end of each calendar year. The Commission shall forward the information to all Member States and to the Secretariat of the Basel Convention. On the basis of the information provided, the Commission may make comments and, where appropriate, submit proposals to the Committee established pursuant to Article 18 of Directive 75/442/EEC with a view to adapting Annex V of this Regulation. |
| --- | --- |

3.

Member States may make provisions, in exceptional cases, to determine, on the basis of documentary evidence provided in an appropriate way by the holder, that a specific hazardous waste on this Annex is excluded from the export ban referred to in Article 36 of this Regulation if it does not display any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards H3 to H8, H10 and H11 of the said Annex, the limit values laid down in Decision 2000/532/EC.

In such a case, the Member State concerned shall inform the envisaged importing country prior to taking a decision. Member States shall notify such cases to the Commission before the end of each calendar year. The Commission shall forward the information to all Member States and to the Secretariat of the Basel Convention. On the basis of the information provided, the Commission may make comments and, where appropriate, submit proposals to the Committee established pursuant to Article 18 of Directive 75/442/EEC with a view to adapting Annex V of this Regulation.

| 4. | The fact that a waste is not listed as hazardous in this
  Annex does
  not preclude, in exceptional cases, characterisation of such a waste as hazardous and therefore subject to the export ban referred to in Article 36 of this Regulation if it displays any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards H3 to H8, H10 and H11 of the said Annex, the limit values laid down in Decision 2000/532/EC as provided for in Article 1(4), second indent, of Directive 91/689/EEC and in the Header of Annex III to this Regulation.
  In such a case, the Member State concerned shall inform the envisaged importing country prior to taking a decision. Member States shall notify such cases to the Commission before the end of each calendar year. The Commission shall forward the information to all Member States and to the Secretariat of the Basel Convention. On the basis of the information provided, the Commission may make comments and, where appropriate, submit proposals to the Committee established pursuant to Article 18 of Directive 75/442/EEC with a view to adapting Annex V of this Regulation. |
| --- | --- |

4.

The fact that a waste is not listed as hazardous in this
  Annex does
  not preclude, in exceptional cases, characterisation of such a waste as hazardous and therefore subject to the export ban referred to in Article 36 of this Regulation if it displays any of the properties listed in Annex III to Directive 91/689/EEC, taking into account, as regards H3 to H8, H10 and H11 of the said Annex, the limit values laid down in Decision 2000/532/EC as provided for in Article 1(4), second indent, of Directive 91/689/EEC and in the Header of Annex III to this Regulation.

In such a case, the Member State concerned shall inform the envisaged importing country prior to taking a decision. Member States shall notify such cases to the Commission before the end of each calendar year. The Commission shall forward the information to all Member States and to the Secretariat of the Basel Convention. On the basis of the information provided, the Commission may make comments and, where appropriate, submit proposals to the Committee established pursuant to Article 18 of Directive 75/442/EEC with a view to adapting Annex V of this Regulation.

PART 1

List A (Annex VIII to the Basel Convention)

| A1 | METAL AND METAL BEARING WASTES |
| --- | --- |
| A1010 | Metal wastes and waste consisting of alloys of any of the following:






  — | Antimony |

A1

METAL AND METAL BEARING WASTES

A1010

Metal wastes and waste consisting of alloys of any of the following:

—

Antimony

| — | Arsenic |
| --- | --- |

—

Arsenic

| — | Beryllium |
| --- | --- |

—

Beryllium

| — | Cadmium |
| --- | --- |

—

Cadmium

| — | Lead |
| --- | --- |

—

Lead

| — | Mercury |
| --- | --- |

—

Mercury

| — | Selenium |
| --- | --- |

—

Selenium

| — | Tellurium |
| --- | --- |

—

Tellurium

| — | Thallium |
| --- | --- |

—

Thallium

but excluding such wastes specifically listed on list B.

A1020

Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following:

| — | Antimony; antimony compounds |
| --- | --- |

—

Antimony; antimony compounds

| — | Beryllium; beryllium compounds |
| --- | --- |

—

Beryllium; beryllium compounds

| — | Cadmium; cadmium compounds |
| --- | --- |

—

Cadmium; cadmium compounds

| — | Lead; lead compounds |
| --- | --- |

—

Lead; lead compounds

| — | Selenium; selenium compounds |
| --- | --- |

—

Selenium; selenium compounds

| — | Tellurium; tellurium compounds |
| --- | --- |

—

Tellurium; tellurium compounds

A1030

Wastes having as constituents or contaminants any of the following:

| — | Arsenic; arsenic compounds |
| --- | --- |

—

Arsenic; arsenic compounds

| — | Mercury; mercury compounds |
| --- | --- |

—

Mercury; mercury compounds

| — | Thallium; thallium compounds |
| --- | --- |

—

Thallium; thallium compounds

A1040

Wastes having as constituents any of the following:

| — | Metal carbonyls |
| --- | --- |

—

Metal carbonyls

| — | Hexavalent chromium compounds |
| --- | --- |

—

Hexavalent chromium compounds

A1050

Galvanic sludges

A1060

Waste liquors from the pickling of metals

A1070

Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, etc.

A1080

Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit Annex III characteristics

A1090

Ashes from the incineration of insulated copper wire

A1100

Dusts and residues from gas cleaning systems of copper smelters

A1110

Spent electrolytic solutions from copper electrorefining and electrowinning operations

A1120

Waste sludges, excluding anode slimes, from electrolyte purification systems in copper electrorefining and electrowinning operations

A1130

Spent etching solutions containing dissolved copper

A1140

Waste cupric chloride and copper cyanide catalysts

A1150

Precious metal ash from incineration of printed circuit boards not included on list B (1)

A1160

Waste lead-acid batteries, whole or crushed

A1170

Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing Annex 1 constituents to an extent to render them hazardous.

A1180

Waste electrical and electronic assemblies or scrap (2) containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathoderay tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B, B1110) (3)

A2

WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS

A2010

Glass waste from cathode-ray tubes and other activated glasses

A2020

Waste inorganic fluorine compounds in the form of liquids or sludges but excluding such wastes specified on list B

A2030

Waste catalysts but excluding such wastes specified on list B

A2040

Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on list B, B2080)

A2050

Waste asbestos (dusts and fibres)

A2060

Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on list B, B2050)

A3

WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

A3010

Waste from the production or processing of petroleum coke and bitumen

A3020

Waste mineral oils unfit for their originally intended use

A3030

Wastes that contain, consist of or are contaminated with leaded anti-knock compound sludges

A3040

Waste thermal (heat transfer) fluids

A3050

Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes specified on list B (note the related entry on list B, B4020)

A3060

Waste nitrocellulose

A3070

Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludges

A3080

Waste ethers not including those specified on list B

A3090

Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note the related entry on list B, B3100)

A3100

Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides (note the related entry on list B, B3090)

A3110

Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list B, B3110)

A3120

Fluff — light fraction from shredding

A3130

Waste organic phosphorous compounds

A3140

Waste non-halogenated organic solvents but excluding such wastes specified on list B

A3150

Waste halogenated organic solvents

A3160

Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations

A3170

Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

A3180

Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a contration level of 50 mg/kg or more (4)

A3190

Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials

A4

WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

A4010

Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes specified on list B

A4020

Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects

A4030

Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides which are off-specification, out-dated (5), or unfit for their originally intended use

A4040

Wastes from the manufacture, formulation and use of wood-preserving chemicals (6)

A4050

Wastes that contain, consist of or are contaminated with any of the following:

| — | Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic cyanides |
| --- | --- |

—

Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic cyanides

| — | Organic cyanides |
| --- | --- |

—

Organic cyanides

A4060

Waste oils/water, hydrocarbons/water mixtures, emulsions

A4070

Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list B (note the related entry on list B, B4010)

A4080

Wastes of an explosive nature (but excluding such wastes specified on list B)

A4090

Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related entry on list B, B2120)

A4100

Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes specified on list B

A4110

Wastes that contain, consist of or are contaminated with any of the following:

| — | any congenor of polychlorinated dibenzo-furan |
| --- | --- |

—

any congenor of polychlorinated dibenzo-furan

| — | any congenor of polychlorinated dibenzo-dioxin |
| --- | --- |

—

any congenor of polychlorinated dibenzo-dioxin

A4120

Wastes that contain, consist of or are contaminated with peroxides

A4130

Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III hazard characteristics

A4140

Waste consisting of or containing off-specification or out-dated (7) chemicals corresponding to Annex I categories and exhibiting Annex III hazard characteristics

A4150

Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known

A4160

Spent activated carbon not included on list B (note the related entry on list B, B2060)

List B (Annex IX to the Basel Convention)

| B1 | METAL AND METAL BEARING WASTES |
| --- | --- |
| B1010 | Metal and metal-alloy wastes in metallic, non-dispersible form:






  — | Precious metals (gold, silver, the platinum group, but not mercury) |

B1

METAL AND METAL BEARING WASTES

B1010

Metal and metal-alloy wastes in metallic, non-dispersible form:

—

Precious metals (gold, silver, the platinum group, but not mercury)

| — | Iron and steel scrap |
| --- | --- |

—

Iron and steel scrap

| — | Copper scrap |
| --- | --- |

—

Copper scrap

| — | Nickel scrap |
| --- | --- |

—

Nickel scrap

| — | Aluminium scrap |
| --- | --- |

—

Aluminium scrap

| — | Zinc scrap |
| --- | --- |

—

Zinc scrap

| — | Tin scrap |
| --- | --- |

—

Tin scrap

| — | Tungsten scrap |
| --- | --- |

—

Tungsten scrap

| — | Molybdenum scrap |
| --- | --- |

—

Molybdenum scrap

| — | Tantalum scrap |
| --- | --- |

—

Tantalum scrap

| — | Magnesium scrap |
| --- | --- |

—

Magnesium scrap

| — | Cobalt scrap |
| --- | --- |

—

Cobalt scrap

| — | Bismuth scrap |
| --- | --- |

—

Bismuth scrap

| — | Titanium scrap |
| --- | --- |

—

Titanium scrap

| — | Zirconium scrap |
| --- | --- |

—

Zirconium scrap

| — | Manganese scrap |
| --- | --- |

—

Manganese scrap

| — | Germanium scrap |
| --- | --- |

—

Germanium scrap

| — | Vanadium scrap |
| --- | --- |

—

Vanadium scrap

| — | Scrap of Hafnium, Indium, Niobium, Rhenium and Gallium |
| --- | --- |

—

Scrap of Hafnium, Indium, Niobium, Rhenium and Gallium

| — | Thorium scrap |
| --- | --- |

—

Thorium scrap

| — | Rare earths scrap |
| --- | --- |

—

Rare earths scrap

B1020

Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc.):

| — | Antimony scrap |
| --- | --- |

—

Antimony scrap

| — | Beryllium scrap |
| --- | --- |

—

Beryllium scrap

| — | Cadmium scrap |
| --- | --- |

—

Cadmium scrap

| — | Lead scrap (but excluding lead-acid batteries) |
| --- | --- |

—

Lead scrap (but excluding lead-acid batteries)

| — | Selenium scrap |
| --- | --- |

—

Selenium scrap

| — | Tellurium scrap |
| --- | --- |

—

Tellurium scrap

B1030

Refractory metals containing residues

B1040

Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous

B1050

Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics (8)

B1060

Waste Selenium and Tellurium in metallic elemental form including powder

B1070

Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they exhibit Annex III characteristics

B1080

Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics or exhibiting hazard characteristic H4.3 (9)

B1090

Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury

B1100

Metal-bearing wastes arising from melting, smelting and refining of metals:

| — | Hard zinc spelter |
| --- | --- |

—

Hard zinc spelter

| — | Zinc-containing drosses: |
| --- | --- |

—

Zinc-containing drosses:

| — | Galvanizing slab zinc top dross (> 90% Zn) |
| --- | --- |

—

Galvanizing slab zinc top dross (> 90% Zn)

| — | Galvanizing slab zinc bottom dross (> 92% Zn) |
| --- | --- |

—

Galvanizing slab zinc bottom dross (> 92% Zn)

| — | Zinc die casting dross (> 85% Zn) |
| --- | --- |

—

Zinc die casting dross (> 85% Zn)

| — | Hot dip galvanizers slab zinc dross (batch) (> 92% Zn) |
| --- | --- |

—

Hot dip galvanizers slab zinc dross (batch) (> 92% Zn)

| — | Zinc skimmings |
| --- | --- |

—

Zinc skimmings

| — | Aluminium skimmings (or skims) excluding salt slag |
| --- | --- |

—

Aluminium skimmings (or skims) excluding salt slag

| — | Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an extent that they exhibit Annex III hazard characteristics |
| --- | --- |

—

Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an extent that they exhibit Annex III hazard characteristics

| — | Wastes of refractory linings, including crucibles, originating from copper smelting |
| --- | --- |

—

Wastes of refractory linings, including crucibles, originating from copper smelting

| — | Slags from precious metals processing for further refining |
| --- | --- |

—

Slags from precious metals processing for further refining

| — | Tantalum bearing tin slags with less than 0,5 % tin |
| --- | --- |

—

Tantalum bearing tin slags with less than 0,5 % tin

B1110

Electrical and electronic assemblies:

| — | Electronic assemblies consisting only of metals or alloys |
| --- | --- |

—

Electronic assemblies consisting only of metals or alloys

| — | Waste electrical and electronic assemblies or scrap (10) (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCBcapacitors, or not contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A, A1180) |
| --- | --- |

—

Waste electrical and electronic assemblies or scrap (10) (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCBcapacitors, or not contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A, A1180)

| — | Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct re-use (11) and not for recycling or final disposal (12) |
| --- | --- |

—

Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct re-use (11) and not for recycling or final disposal (12)

B1120

Spent catalysts excluding liquids used as catalysts, containing any of:

| — | Transition Metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A
  Scandium, Vanadium, Manganese, Cobalt, Copper, Yttrium, Niobium, Hafnium, Tungsten, Titanium, Chromium, Iron, Nickel, Zinc, Zirconium, Molybdenum, Tantalum, Rhenium |
| --- | --- |

—

Transition Metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A

Scandium, Vanadium, Manganese, Cobalt, Copper, Yttrium, Niobium, Hafnium, Tungsten, Titanium, Chromium, Iron, Nickel, Zinc, Zirconium, Molybdenum, Tantalum, Rhenium

| — | Lanthanides (rare earth metals):
  Lanthanum, Praseodymium, Samarium, Gadolinium, Dysprosium, Erbium, Ytterbium, Cerium, Neody, Europium, Terbium, Holmium, Thulium, Lutetium |
| --- | --- |

—

Lanthanides (rare earth metals):

Lanthanum, Praseodymium, Samarium, Gadolinium, Dysprosium, Erbium, Ytterbium, Cerium, Neody, Europium, Terbium, Holmium, Thulium, Lutetium

B1130

Cleaned spent precious-metal-bearing catalysts

B1140

Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides

B1150

Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid form with appropriate packaging and labelling

B1160

Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A, A1150)

B1170

Precious-metal ash from the incineration of photographic film

B1180

Waste photographic film containing silver halides and metallic silver

B1190

Waste photographic paper containing silver halides and metallic silver

B1200

Granulated slag arising from the manufacture of iron and steel

B1210

Slag arising from the manufacture of iron and steel including slags as a source of TiO2 and Vanadium

B1220

Slag from zinc production, chemically stabilized, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301) mainly for construction

B1230

Mill scaling arising from the manufacture of iron and steel

B1240

Copper oxide mill-scale

B2

WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

B2010

Wastes from mining operations in non-dispersible form:

| — | Natural graphite waste |
| --- | --- |

—

Natural graphite waste

| — | Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise |
| --- | --- |

—

Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise

| — | Mica waste |
| --- | --- |

—

Mica waste

| — | Leucite, nepheline and nepheline syenite waste |
| --- | --- |

—

Leucite, nepheline and nepheline syenite waste

| — | Feldspar waste |
| --- | --- |

—

Feldspar waste

| — | Fluorspar waste |
| --- | --- |

—

Fluorspar waste

| — | Silica wastes in solid form excluding those used in foundry operations |
| --- | --- |

—

Silica wastes in solid form excluding those used in foundry operations

B2020

Glass waste in non-dispersible form:

| — | Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses |
| --- | --- |

—

Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses

B2030

Ceramic wastes in non-dispersible form:

| — | Cermet wastes and scrap (metal ceramic composites) |
| --- | --- |

—

Cermet wastes and scrap (metal ceramic composites)

| — | Ceramic based fibres not elsewhere specified or included |
| --- | --- |

—

Ceramic based fibres not elsewhere specified or included

B2040

Other wastes containing principally inorganic constituents:

| — | Partially refined calcium sulphate produced from flue-gas desulphurization (FGD) |
| --- | --- |

—

Partially refined calcium sulphate produced from flue-gas desulphurization (FGD)

| — | Waste gypsum wallboard or plasterboard arising from the demolition of buildings |
| --- | --- |

—

Waste gypsum wallboard or plasterboard arising from the demolition of buildings

| — | Slag from copper production, chemically stabilized, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications |
| --- | --- |

—

Slag from copper production, chemically stabilized, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications

| — | Sulphur in solid form |
| --- | --- |

—

Sulphur in solid form

| — | Limestone from the production of calcium cyanamide (having a pH less than 9) |
| --- | --- |

—

Limestone from the production of calcium cyanamide (having a pH less than 9)

| — | Sodium, potassium, calcium chlorides |
| --- | --- |

—

Sodium, potassium, calcium chlorides

| — | Carborundum (silicon carbide) |
| --- | --- |

—

Carborundum (silicon carbide)

| — | Broken concrete |
| --- | --- |

—

Broken concrete

| — | Lithium-Tantalum and Lithium-Niobium containing glass scraps |
| --- | --- |

—

Lithium-Tantalum and Lithium-Niobium containing glass scraps

B2050

Coal-fired power plant fly-ash, not included on list A (note the related entry on list A, A2060)

B2060

Spent activated carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list A, A4160)

B2070

Calcium fluoride sludge

B2080

Waste gypsum arising from chemical industry processes not included on list A (note the related entry on list A, A2040)

B2090

Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry)

B2100

Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials used for gas cleaning, flocculation or filtration processes

B2110

Bauxite residue (‘red mud’) (pH moderated to less than 11,5)

B2120

Waste acidic or basic solutions with a pH greater than 2 and less than 11,5, which are not corrosive or otherwise hazardous (note the related entry on list A, A4090)

B3

WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

B3010

Solid plastic waste:

The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification:

| — | Scrap plastic of non-halogenated polymers and co-polymers, including but not limited to the following (13):






  — | ethylene |
| --- | --- | --- |

—

Scrap plastic of non-halogenated polymers and co-polymers, including but not limited to the following (13):

—

ethylene

| — | styrene |
| --- | --- |

—

styrene

| — | polypropylene |
| --- | --- |

—

polypropylene

| — | polyethylene terephthalate |
| --- | --- |

—

polyethylene terephthalate

| — | acrylonitrile |
| --- | --- |

—

acrylonitrile

| — | butadiene |
| --- | --- |

—

butadiene

| — | polyacetals |
| --- | --- |

—

polyacetals

| — | polyamides |
| --- | --- |

—

polyamides

| — | polybutylene terephthalate |
| --- | --- |

—

polybutylene terephthalate

| — | polycarbonates |
| --- | --- |

—

polycarbonates

| — | polyethers |
| --- | --- |

—

polyethers

| — | polyphenylene sulphides |
| --- | --- |

—

polyphenylene sulphides

| — | acrylic polymers |
| --- | --- |

—

acrylic polymers

| — | alkanes C10-C13 (plasticiser) |
| --- | --- |

—

alkanes C10-C13 (plasticiser)

| — | polyurethane (not containing CFCs) |
| --- | --- |

—

polyurethane (not containing CFCs)

| — | polysiloxanes |
| --- | --- |

—

polysiloxanes

| — | polymethyl methacrylate |
| --- | --- |

—

polymethyl methacrylate

| — | polyvinyl alcohol |
| --- | --- |

—

polyvinyl alcohol

| — | polyvinyl butyral |
| --- | --- |

—

polyvinyl butyral

| — | polyvinyl acetate |
| --- | --- |

—

polyvinyl acetate

| — | Cured waste resins or condensation products including the following:






  — | urea formaldehyde resins |
| --- | --- | --- |

—

Cured waste resins or condensation products including the following:

—

urea formaldehyde resins

| — | phenol formaldehyde resins |
| --- | --- |

—

phenol formaldehyde resins

| — | melamine formaldehyde resins |
| --- | --- |

—

melamine formaldehyde resins

| — | expoxy resins |
| --- | --- |

—

expoxy resins

| — | alkyd resins |
| --- | --- |

—

alkyd resins

| — | polyamides |
| --- | --- |

—

polyamides

| — | The following fluorinated polymer wastes (14)







  — | Perfluoroethylene/propylene (FEP) |
| --- | --- | --- |

—

The following fluorinated polymer wastes (14)

—

Perfluoroethylene/propylene (FEP)

| — | Perfluoroalkoxy alkane (PFA) |
| --- | --- |

—

Perfluoroalkoxy alkane (PFA)

| — | Perfluoroalkoxy alkane (MFA) |
| --- | --- |

—

Perfluoroalkoxy alkane (MFA)

| — | Polyvinylfluoride (PVF) |
| --- | --- |

—

Polyvinylfluoride (PVF)

| — | Polyvinylidenefluoride (PVDF) |
| --- | --- |

—

Polyvinylidenefluoride (PVDF)

B3020

Paper, paperboard and paper product wastes

The following materials, provided they are not mixed with hazardous wastes:

Waste and scrap of paper or paperboard of:

| — | unbleached paper or paperboard or of corrugated paper or paperboard |
| --- | --- |

—

unbleached paper or paperboard or of corrugated paper or paperboard

| — | other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass |
| --- | --- |

—

other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass

| — | paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) |
| --- | --- |

—

paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)

| — | other, including but not limited to 1) laminated paperboard; 2) unsorted scrap |
| --- | --- |

—

other, including but not limited to 1) laminated paperboard; 2) unsorted scrap

B3030

Textile wastes

The following materials, provided they are not mixed with other wastes and are prepared to a specification:

| — | Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock)






  — | not carded or combed |
| --- | --- | --- |

—

Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock)

—

not carded or combed

| — | other |
| --- | --- |

—

other

| — | Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock






  — | noils of wool or of fine animal hair |
| --- | --- | --- |

—

Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock

—

noils of wool or of fine animal hair

| — | other waste of wool or of fine animal hair |
| --- | --- |

—

other waste of wool or of fine animal hair

| — | waste of coarse animal hair |
| --- | --- |

—

waste of coarse animal hair

| — | Cotton waste (including yarn waste and garnetted stock)






  — | yarn waste (including thread waste) |
| --- | --- | --- |

—

Cotton waste (including yarn waste and garnetted stock)

—

yarn waste (including thread waste)

| — | garnetted stock |
| --- | --- |

—

garnetted stock

| — | other |
| --- | --- |

—

other

| — | Flax tow and waste |
| --- | --- |

—

Flax tow and waste

| — | Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.) |
| --- | --- |

—

Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.)

| — | Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie) |
| --- | --- |

—

Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie)

| — | Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave |
| --- | --- |

—

Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave

| — | Tow, noils and waste (including yarn waste and garnetted stock) of coconut |
| --- | --- |

—

Tow, noils and waste (including yarn waste and garnetted stock) of coconut

| — | Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee) |
| --- | --- |

—

Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee)

| — | Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not elsewhere specified or included |
| --- | --- |

—

Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not elsewhere specified or included

| — | Waste (including noils, yarn waste and garnetted stock) of man-made fibres






  — | of synthetic fibres |
| --- | --- | --- |

—

Waste (including noils, yarn waste and garnetted stock) of man-made fibres

—

of synthetic fibres

| — | of artificial fibres |
| --- | --- |

—

of artificial fibres

| — | Worn clothing and other worn textile articles |
| --- | --- |

—

Worn clothing and other worn textile articles

| — | Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile






  — | sorted |
| --- | --- | --- |

—

Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile

—

sorted

| — | other |
| --- | --- |

—

other

B3040

Rubber wastes

The following materials, provided they are not mixed with other wastes:

| — | Waste and scrap of hard rubber (e.g. ebonite) |
| --- | --- |

—

Waste and scrap of hard rubber (e.g. ebonite)

| — | Other rubber wastes (excluding such wastes specified elsewhere) |
| --- | --- |

—

Other rubber wastes (excluding such wastes specified elsewhere)

B3050

Untreated cork and wood waste:

| — | Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms |
| --- | --- |

—

Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

| — | Cork waste: crushed, granulated or ground cork |
| --- | --- |

—

Cork waste: crushed, granulated or ground cork

B3060

Wastes arising from agro-food industries provided it is not infectious:

| — | Wine lees |
| --- | --- |

—

Wine lees

| — | Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included |
| --- | --- |

—

Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included

| — | Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes |
| --- | --- |

—

Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes

| — | Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised |
| --- | --- |

—

Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised

| — | Fish waste |
| --- | --- |

—

Fish waste

| — | Cocoa shells, husks, skins and other cocoa waste |
| --- | --- |

—

Cocoa shells, husks, skins and other cocoa waste

| — | Other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption |
| --- | --- |

—

Other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption

B3070

The following wastes:

| — | Waste of human hair |
| --- | --- |

—

Waste of human hair

| — | Waste straw |
| --- | --- |

—

Waste straw

| — | Deactivated fungus mycelium from penicillin production to be used as animal feed |
| --- | --- |

—

Deactivated fungus mycelium from penicillin production to be used as animal feed

B3080

Waste parings and scrap of rubber

B3090

Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A, A3100)

B3100

Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the related entry on list A, A3090)

B3110

Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list A, A3110)

B3120

Wastes consisting of food dyes

B3130

Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides

B3140

Waste pneumatic tyres, excluding those destined for Annex IVA operations

B4

WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

B4010

Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A, A4070)

B4020

Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g. water based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A, A3050)

B4030

Used single use cameras, with batteries not included on list A

PART 2

| Wastes listed in the Annex to Commission Decision 2000/532/EC. Wastes marked with an asterisk are considered to be hazardous waste pursuant to Directive 91/689/EEC on hazardous waste (15). |
| --- |
| 01 | WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, AND PHYSICAL AND CHEMICAL TREATMENT OF MINERALS |
| 01 01 | wastes from mineral excavation |
| 01 01 01 | wastes from mineral metalliferous excavation |
| 01 01 02 | wastes from mineral non-metalliferous excavation |
| 01 03 | wastes from physical and chemical processing of metalliferous minerals |
| 01 03 04 * | acid-generating tailings from processing of sulphide ore |
| 01 03 05 * | other tailings containing dangerous substances |
| 01 03 06 | tailings other than those mentioned in 01 03 04 and 01 03 05 |
| 01 03 07 * | other wastes containing dangerous substances from physical and chemical processing of metalliferous minerals |
| 01 03 08 | dusty and powdery wastes other than those mentioned in 01 03 07 |
| 01 03 09 | red mud from alumina production other than the wastes mentioned in 01 03 07 |
| 01 03 99 | wastes not otherwise specified |
| 01 04 | wastes from physical and chemical processing of non-metalliferous minerals |
| 01 04 07 * | wastes containing dangerous substances from physical and chemical processing of nonmetalliferous minerals |
| 01 04 08 | waste gravel and crushed rocks other than those mentioned in 01 04 07 |
| 01 04 09 | waste sand and clays |
| 01 04 10 | dusty and powdery wastes other than those mentioned in 01 04 07 |
| 01 04 11 | wastes from potash and rock-salt processing other than those mentioned in 01 04 07 |
| 01 04 12 | tailings and other wastes from washing and cleaning of minerals other than those mentioned in 01 04 07 and 01 04 11 |
| 01 04 13 | wastes from stone cutting and sawing other than those mentioned in 01 04 07 |
| 01 04 99 | wastes not otherwise specified |
| 01 05 | drilling muds and other drilling wastes |
| 01 05 04 | fresh-water drilling muds and wastes |
| 01 05 05 * | oil-containing drilling muds and wastes |
| 01 05 06 * | drilling muds and other drilling wastes containing dangerous substances |
| 01 05 07 | barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 |
| 01 05 08 | chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 |
| 01 05 99 | wastes not otherwise specified |
| 02 | WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND FISHING, FOOD PREPARATION AND PROCESSING |
| 02 01 | wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing |
| 02 01 01 | sludges from washing and cleaning |
| 02 01 02 | animal-tissue waste |
| 02 01 03 | plant-tissue waste |
| 02 01 04 | waste plastics (except packaging) |
| 02 01 06 | animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site |
| 02 01 07 | wastes from forestry |
| 02 01 08 * | agrochemical waste containing dangerous substances |
| 02 01 09 | agrochemical waste other than those mentioned in 02 01 08 |
| 02 01 10 | waste metal |
| 02 01 99 | wastes not otherwise specified |
| 02 02 | wastes from the preparation and processing of meat, fish and other foods of animal origin |
| 02 02 01 | sludges from washing and cleaning |
| 02 02 02 | animal-tissue waste |
| 02 02 03 | materials unsuitable for consumption or processing |
| 02 02 04 | sludges from on-site effluent treatment |
| 02 02 99 | wastes not otherwise specified |
| 02 03 | wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation |
| 02 03 01 | sludges from washing, cleaning, peeling, centrifuging and separation |
| 02 03 02 | wastes from preserving agents |
| 02 03 03 | wastes from solvent extraction |
| 02 03 04 | materials unsuitable for consumption or processing |
| 02 03 05 | sludges from on-site effluent treatment |
| 02 03 99 | wastes not otherwise specified |
| 02 04 | wastes from sugar processing |
| 02 04 01 | soil from cleaning and washing beet |
| 02 04 02 | off-specification calcium carbonate |
| 02 04 03 | sludges from on-site effluent treatment |
| 02 04 99 | wastes not otherwise specified |
| 02 05 | wastes from the dairy products industry |
| 02 05 01 | materials unsuitable for consumption or processing |
| 02 05 02 | sludges from on-site effluent treatment |
| 02 05 99 | wastes not otherwise specified |
| 02 06 | wastes from the baking and confectionery industry |
| 02 06 01 | materials unsuitable for consumption or processing |
| 02 06 02 | wastes from preserving agents |
| 02 06 03 | sludges from on-site effluent treatment |
| 02 06 99 | wastes not otherwise specified |
| 02 07 | wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) |
| 02 07 1 | wastes from washing, cleaning and mechanical reduction of raw materials |
| 02 07 02 | wastes from spirits distillation |
| 02 07 03 | wastes from chemical treatment |
| 02 07 04 | materials unsuitable for consumption or processing |
| 02 07 05 | sludges from on-site effluent treatment |
| 02 07 99 | wastes not otherwise specified |
| 03 | WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP, PAPER AND CARDBOARD |
| 03 01 | wastes from wood processing and the production of panels and furniture |
| 03 01 01 | waste bark and cork |
| 03 01 04 * | sawdust, shavings, cuttings, wood, particle board and veneer containing dangerous substances |
| 03 01 05 | sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04 |
| 03 01 99 | wastes not otherwise specified |
| 03 02 | wastes from wood preservation |
| 03 02 01 * | non-halogenated organic wood preservatives |
| 03 02 02 * | organochlorinated wood preservatives |
| 03 02 03 * | organometallic wood preservatives |
| 03 02 04 * | inorganic wood preservatives |
| 03 02 05 * | other wood preservatives containing dangerous substances |
| 03 02 99 | wood preservatives not otherwise specified |
| 03 03 | wastes from pulp, paper and cardboard production and processing |
| 03 03 01 | waste bark and wood |
| 03 03 02 | green liquor sludge (from recovery of cooking liquor) |
| 03 03 05 | de-inking sludges from paper recycling |
| 03 03 07 | mechanically separated rejects from pulping of waste paper and cardboard |
| 03 03 08 | wastes from sorting of paper and cardboard destined for recycling |
| 03 03 09 | lime mud waste |
| 03 03 10 | fibre rejects, fibre-, filler- and coating sludges from mechanical separation |
| 03 03 11 | sludges from on-site effluent treatment other than those mentioned in 03 03 10 |
| 03 03 99 | wastes not otherwise specified |
| 04 | WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES |
| 04 01 | wastes from the leather and fur industry |
| 04 01 01 | fleshings and lime split wastes |
| 04 01 02 | liming waste |
| 04 01 03 * | degreasing wastes containing solvents without a liquid phase |
| 04 01 04 | tanning liquor containing chromium |
| 04 01 05 | tanning liquor free of chromium |
| 04 01 06 | sludges, in particular from on-site effluent treatment containing chromium |
| 04 01 07 | sludges, in particular from on-site effluent treatment free of chromium |
| 04 01 08 | waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium |
| 04 01 09 | wastes from dressing and finishing |
| 04 01 99 | wastes not otherwise specified |
| 04 02 | wastes from the textile industry |
| 04 02 09 | wastes from composite materials (impregnated textile, elastomer, plastomer) |
| 04 02 10 | organic matter from natural products (e.g. grease, wax) |
| 04 02 14 * | wastes from finishing containing organic solvents |
| 04 02 15 | wastes from finishing other than those mentioned in 04 02 14 |
| 04 02 16 * | dyestuffs and pigments containing dangerous substances |
| 04 02 17 | dyestuffs and pigments other than those mentioned in 04 02 16 |
| 04 02 19 * | sludges from on-site effluent treatment containing dangerous substances |
| 04 02 20 | sludges from on-site effluent treatment other than those mentioned in 04 02 19 |
| 04 02 21 | wastes from unprocessed textile fibres |
| 04 02 22 | wastes from processed textile fibres |
| 04 02 99 | wastes not otherwise specified |
| 05 | WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL |
| 05 01 | wastes from petroleum refining |
| 05 01 02 * | desalter sludges |
| 05 01 03 * | tank bottom sludges |
| 05 01 04 * | acid alkyl sludges |
| 05 01 05 * | oil spills |
| 05 01 06 * | oily sludges from maintenance operations of the plant or equipment |
| 05 01 07 * | acid tars |
| 05 01 08 * | other tars |
| 05 01 09 * | sludges from on-site effluent treatment containing dangerous substances |
| 05 01 10 | sludges from on-site effluent treatment other than those mentioned in 05 01 09 |
| 05 01 11 * | wastes from cleaning of fuels with bases |
| 05 01 12 * | oil containing acids |
| 05 01 13 | boiler feedwater sludges |
| 05 01 14 | wastes from cooling columns |
| 05 01 15 * | spent filter clays |
| 05 01 16 | sulphur-containing wastes from petroleum desulphurisation |
| 05 01 17 | bitumen |
| 05 01 99 | wastes not otherwise specified |
| 05 06 | wastes from the pyrolytic treatment of coal |
| 05 06 01 * | acid tars |
| 05 06 03 * | other tars |
| 05 06 04 | waste from cooling columns |
| 05 06 99 | wastes not otherwise specified |
| 05 07 | wastes from natural gas purification and transportation |
| 05 07 01 * | wastes containing mercury |
| 05 07 02 | wastes containing sulphur |
| 05 07 99 | wastes not otherwise specified |
| 06 | WASTES FROM INORGANIC CHEMICAL PROCESSES |
| 06 01 | wastes from the manufacture, formulation, supply and use (MFSU) of acids |
| 06 01 01 * | sulphuric acid and sulphurous acid |
| 06 01 02 * | hydrochloric acid |
| 06 01 03 * | hydrofluoric acid |
| 06 01 04 * | phosphoric and phosphorous acid |
| 06 01 05 * | nitric acid and nitrous acid |
| 06 01 06 * | other acids |
| 06 01 99 | wastes not otherwise specified |
| 06 02 | wastes from the MFSU of bases |
| 06 02 01 * | calcium hydroxide |
| 06 02 03 * | ammonium hydroxide |
| 06 02 04 * | sodium and potassium hydroxide |
| 06 02 05 * | other bases |
| 06 02 99 | wastes not otherwise specified |
| 06 03 | wastes from the MFSU of salts and their solutions and metallic oxides |
| 06 03 11 * | solid salts and solutions containing cyanides |
| 06 03 13 * | solid salts and solutions containing heavy metals |
| 06 03 14 | solid salts and solutions other than those mentioned in 06 03 11 and 06 03 13 |
| 06 03 15 * | metallic oxides containing heavy metals |
| 06 03 16 | metallic oxides other than those mentioned in 06 03 15 |
| 06 03 99 | wastes not otherwise specified |
| 06 04 | metal-containing wastes other than those mentioned in 06 03 |
| 06 04 03 * | wastes containing arsenic |
| 06 04 04 * | wastes containing mercury |
| 06 04 05 * | wastes containing other heavy metals |
| 06 04 99 | wastes not otherwise specified |
| 06 05 | sludges from on-site effluent treatment |
| 06 05 02 * | sludges from on-site effluent treatment containing dangerous substances |
| 06 05 03 | sludges from on-site effluent treatment other than those mentioned in 06 05 02 |
| 06 06 | wastes from the MFSU of sulphur chemicals, sulphur chemical processes and desulphurisation processes |
| 06 06 02 * | wastes containing dangerous sulphides |
| 06 06 3 | wastes containing sulphides other than those mentioned in 06 06 02 |
| 06 06 99 | wastes not otherwise specified |
| 06 07 | wastes from the MFSU of halogens and halogen chemical processes |
| 06 07 01 * | wastes containing asbestos from electrolysis |
| 06 07 02 * | activated carbon from chlorine production |
| 06 07 03 * | barium sulphate sludge containing mercury |
| 06 07 04 * | solutions and acids, e.g. contact acid |
| 06 07 99 | wastes not otherwise specified |
| 06 08 | wastes from the MFSU of silicon and silicon derivatives |
| 06 08 02 * | wastes containing dangerous chlorosilanes |
| 06 08 99 | wastes not otherwise specified |
| 06 09 | wastes from the MSFU of phosphorous chemicals and phosphorous chemical processes |
| 06 09 02 | phosphorous slag |
| 06 09 03 * | calcium-based reaction wastes containing or contaminated with dangerous substances |
| 06 09 04 | calcium-based reaction wastes other than those mentioned in 06 09 03 |
| 06 09 99 | wastes not otherwise specified |
| 06 10 | wastes from the MFSU of nitrogen chemicals, nitrogen chemical processes and fertiliser manufacture |
| 06 10 02 * | wastes containing dangerous substances |
| 06 10 99 | wastes not otherwise specified |
| 06 11 | wastes from the manufacture of inorganic pigments and opacificiers |
| 06 11 01 | calcium-based reaction wastes from titanium dioxide production |
| 06 11 99 | wastes not otherwise specified |
| 06 13 | wastes from inorganic chemical processes not otherwise specified |
| 06 13 01 * | inorganic plant protection products, wood-preserving agents and other biocides. |
| 06 13 02 * | spent activated carbon (except 06 07 02) |
| 06 13 03 | carbon black |
| 06 13 04 * | wastes from asbestos processing |
| 06 13 05 * | Soot |
| 06 13 99 | wastes not otherwise specified |
| 07 | WASTES FROM ORGANIC CHEMICAL PROCESSES |
| 07 01 | wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals |
| 07 01 01 * | aqueous washing liquids and mother liquors |
| 07 01 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 01 04 * | other organic solvents, washing liquids and mother liquors |
| 07 01 07 * | halogenated still bottoms and reaction residues |
| 07 01 08 * | other still bottoms and reaction residues |
| 07 01 09 * | halogenated filter cakes and spent absorbents |
| 07 01 10 * | other filter cakes and spent absorbents |
| 07 01 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 01 12 | sludges from on-site effluent treatment other than those mentioned in 07 01 11 |
| 07 01 99 | wastes not otherwise specified |
| 07 02 | wastes from the MFSU of plastics, synthetic rubber and man-made fibres |
| 07 02 01 * | aqueous washing liquids and mother liquors |
| 07 02 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 02 04 * | other organic solvents, washing liquids and mother liquors |
| 07 02 07 * | halogenated still bottoms and reaction residues |
| 07 02 08 * | other still bottoms and reaction residues |
| 07 02 09 * | halogenated filter cakes and spent absorbents |
| 07 02 10 * | other filter cakes and spent absorbents |
| 07 02 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 02 12 | sludges from on-site effluent treatment other than those mentioned in 07 02 11 |
| 07 02 13 | waste plastic |
| 07 02 14 * | wastes from additives containing dangerous substances |
| 07 02 15 | wastes from additives other than those mentioned in 07 02 14 |
| 07 02 16 * | wastes containing dangerous silicones |
| 07 02 17 | waste containing silicones other than those mentioned in 07 02 16 |
| 07 02 99 | wastes not otherwise specified |
| 07 03 | wastes from the MFSU of organic dyes and pigments (except 06 11) |
| 07 03 01 * | aqueous washing liquids and mother liquors |
| 07 03 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 03 04 * | other organic solvents, washing liquids and mother liquors |
| 07 03 07 * | halogenated still bottoms and reaction residues |
| 07 03 08 * | other still bottoms and reaction residues |
| 07 03 09 * | halogenated filter cakes and spent absorbents |
| 07 03 10 * | other filter cakes and spent absorbents |
| 07 03 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 03 12 | sludges from on-site effluent treatment other than those mentioned in 07 03 11 |
| 07 03 99 | wastes not otherwise specified |
| 07 04 | Wastes from the MFSU of organic plant protection products (except 02 01 08 and 02 01 09), wood preserving agents (except 03 02) and other biocides |
| 07 04 01 * | aqueous washing liquids and mother liquors |
| 07 04 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 04 04 * | other organic solvents, washing liquids and mother liquors |
| 07 04 07 * | halogenated still bottoms and reaction residues |
| 07 04 08 * | other still bottoms and reaction residues |
| 07 04 09 * | halogenated filter cakes and spent absorbents |
| 07 04 10 * | other filter cakes and spent absorbents |
| 07 04 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 04 12 | sludges from on-site effluent treatment other than those mentioned in 07 04 11 |
| 07 04 13 * | solid wastes containing dangerous substances |
| 07 04 99 | wastes not otherwise specified |
| 07 05 | wastes from the MFSU of pharmaceuticals |
| 07 05 01 * | aqueous washing liquids and mother liquors |
| 07 05 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 05 04 * | other organic solvents, washing liquids and mother liquors |
| 07 05 07 * | halogenated still bottoms and reaction residues |
| 07 05 08 * | other still bottoms and reaction residues |
| 07 05 09 * | halogenated filter cakes and spent absorbents |
| 07 05 10 * | other filter cakes and spent absorbents |
| 07 05 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 05 12 | sludges from on-site effluent treatment other than those mentioned in 07 05 11 |
| 07 05 13 * | solid wastes containing dangerous substances |
| 07 05 14 | solid wastes other than those mentioned in 07 05 13 |
| 07 05 99 | wastes not otherwise specified |
| 07 06 | wastes from the MFSU of fats, grease, soaps, detergents, disinfectants and cosmetics |
| 07 06 01 * | aqueous washing liquids and mother liquors |
| 07 06 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 06 04 * | other organic solvents, washing liquids and mother liquors |
| 07 06 07 * | halogenated still bottoms and reaction residues |
| 07 06 08 * | other still bottoms and reaction residues |
| 07 06 09 * | halogenated filter cakes and spent absorbents |
| 07 06 10 * | other filter cakes and spent absorbents |
| 07 06 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 06 12 | sludges from on-site effluent treatment other than those mentioned in 07 06 11 |
| 07 06 99 | wastes not otherwise specified |
| 07 07 | wastes from the MFSU of fine chemicals and chemical products not otherwise specified |
| 07 07 01 * | aqueous washing liquids and mother liquors |
| 07 07 03 * | organic halogenated solvents, washing liquids and mother liquors |
| 07 07 04 * | other organic solvents, washing liquids and mother liquors |
| 07 07 07 * | halogenated still bottoms and reaction residues |
| 07 07 08 * | other still bottoms and reaction residues |
| 07 07 09 * | halogenated filter cakes and spent absorbents |
| 07 07 10 * | other filter cakes and spent absorbents |
| 07 07 11 * | sludges from on-site effluent treatment containing dangerous substances |
| 07 07 12 | sludges from on-site effluent treatment other than those mentioned in 07 07 11 |
| 07 07 99 | wastes not otherwise specified |
| 08 | WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS |
| 08 01 | wastes from MFSU and removal of paint and varnish |
| 08 01 11 * | waste paint and varnish containing organic solvents or other dangerous substances |
| 08 01 12 | waste paint and varnish other than those mentioned in 08 01 11 |
| 08 01 13 * | sludges from paint or varnish containing organic solvents or other dangerous substances |
| 08 01 14 | sludges from paint or varnish other than those mentioned in 08 01 13 |
| 08 01 15 * | aqueous sludges containing paint or varnish containing organic solvents or other dangerous substances |
| 08 01 16 | aqueous sludges containing paint or varnish other than those mentioned in 08 01 15 |
| 08 01 17 * | wastes from paint or varnish removal containing organic solvents or other dangerous substances |
| 08 01 18 | wastes from paint or varnish removal other than those mentioned in 08 01 17 |
| 08 01 19 * | aqueous suspensions containing paint or varnish containing organic solvents or other dangerous substances |
| 08 01 20 | aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19 |
| 08 01 21 * | waste paint or varnish remover |
| 08 01 99 | wastes not otherwise specified |
| 08 02 | wastes from MFSU of other coatings (including ceramic materials) |
| 08 02 01 | waste coating powders |
| 08 02 02 | aqueous sludges containing ceramic materials |
| 08 02 03 | aqueous suspensions containing ceramic materials |
| 08 02 99 | wastes not otherwise specified |
| 08 03 | wastes from MFSU of printing inks |
| 08 03 07 | aqueous sludges containing ink |
| 08 03 08 | aqueous liquid waste containing ink |
| 08 03 12 * | waste ink containing dangerous substances |
| 08 03 13 | waste ink other than those mentioned in 08 03 12 |
| 08 03 14 * | ink sludges containing dangerous substances |
| 08 03 15 | ink sludges other than those mentioned in 08 03 14 |
| 08 03 16 * | waste etching solutions |
| 08 03 17 * | waste printing toner containing dangerous substances |
| 08 03 18 | waste printing toner other than those mentioned in 08 03 17 |
| 08 03 19 * | disperse oil |
| 08 03 99 | wastes not otherwise specified |
| 08 04 | wastes from MFSU of adhesives and sealants (including waterproofing products) |
| 08 04 09 * | waste adhesives and sealants containing organic solvents or other dangerous substances |
| 08 04 10 | waste adhesives and sealants other than those mentioned in 08 04 09 |
| 08 04 11 * | adhesive and sealant sludges containing organic solvents or other dangerous substances |
| 08 04 12 | adhesive and sealant sludges other than those mentioned in 08 04 11 |
| 08 04 13 * | aqueous sludges containing adhesives or sealants containing organic solvents or other dangerous substances |
| 08 04 14 | aqueous sludges containing adhesives or sealants other than those mentioned in 08 04 13 |
| 08 04 15 * | aqueous liquid waste containing adhesives or sealants containing organic solvents or other dangerous substances |
| 08 04 16 | aqueous liquid waste containing adhesives or sealants other than those mentioned in 08 04 15 |
| 08 04 17 * | rosin oil |
| 08 04 99 | wastes not otherwise specified |
| 08 05 | wastes not otherwise specified in 08 |
| 08 05 01 * | waste isocyanates |
| 09 | WASTES FROM THE PHOTOGRAPHIC INDUSTRY |
| 09 01 | wastes from the photographic industry |
| 09 01 01 * | water-based developer and activator solutions |
| 09 01 02 * | water-based offset plate developer solutions |
| 09 01 03 * | solvent-based developer solutions |
| 09 01 04 * | fixer solutions |
| 09 01 05 * | bleach solutions and bleach fixer solutions |
| 09 01 06 * | wastes containing silver from on-site treatment of photographic wastes |
| 09 01 07 | photographic film and paper containing silver or silver compounds |
| 09 01 08 | photographic film and paper free of silver or silver compounds |
| 09 01 10 | single-use cameras without batteries |
| 09 01 11 * | single-use cameras containing batteries included in 16 06 01, 16 06 02 or 16 06 03 |
| 09 01 12 | single-use cameras containing batteries other than those mentioned in 09 01 11 |
| 09 01 13 * | aqueous liquid waste from on-site reclamation of silver other than those mentioned in 09 01 06 |
| 09 01 99 | wastes not otherwise specified |
| 10 | WASTES FROM THERMAL PROCESSES |
| 10 01 | wastes from power stations and other combustion plants (except 19) |
| 10 01 01 | bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04) |
| 10 01 02 | coal fly ash |
| 10 01 03 | fly ash from peat and untreated wood |
| 10 01 04 * | oil fly ash and -boiler dust |
| 10 01 05 | calcium-based reaction wastes from flue-gas desulphurisation in solid form |
| 10 01 07 | calcium-based reaction wastes from flue-gas desulphurisation in sludge form |
| 10 01 09 * | sulphuric acid |
| 10 01 13 * | fly ash from emulsified hydrocarbons used as fuel |
| 10 01 14 * | bottom ash, slag and boiler dust from co-incineration containing dangerous substances |
| 10 01 15 | bottom ash, slag and boiler dust from co-incineration other than those mentioned in 10 01 14 |
| 10 01 16 * | fly ash from co-incineration containing dangerous substances |
| 10 01 17 | fly ash from co-incineration other than those mentioned in 10 01 16 |
| 10 01 18 * | wastes from gas cleaning containing dangerous substances |
| 10 01 19 | wastes from gas cleaning other than those mentioned in 10 01 05, 10 01 07 and 10 01 18 |
| 10 01 20 * | sludges from on-site effluent treatment containing dangerous substances |
| 10 01 21 | sludges from on-site effluent treatment other than those mentioned in 10 01 20 |
| 10 01 22 * | aqueous sludges from boiler cleansing containing dangerous substances |
| 10 01 23 | aqueous sludges from boiler cleansing other than those mentioned in 10 01 22 |
| 10 01 24 | sands from fluidised beds |
| 10 01 25 | wastes from fuel storage and preparation of coal-fired power plants |
| 10 01 26 | wastes from cooling-water treatment |
| 10 01 99 | wastes not otherwise specified |
| 10 02 | wastes from the iron and steel industry |
| 10 02 01 | wastes from the processing of slag |
| 10 02 02 | unprocessed slag |
| 10 02 07 * | solid wastes from gas treatment containing dangerous substances |
| 10 02 08 | solid wastes from gas treatment other than those mentioned in 10 02 07 |
| 10 02 10 | mill scales |
| 10 02 11 * | wastes from cooling-water treatment containing oil |
| 10 02 12 | wastes from cooling-water treatment other than those mentioned in 10 02 11 |
| 10 02 13 * | sludges and filter cakes from gas treatment containing dangerous substances |
| 10 02 14 | sludges and filter cakes from gas treatment other than those mentioned in 10 02 13 |
| 10 02 15 | other sludges and filter cakes |
| 10 02 99 | wastes not otherwise specified |
| 10 03 | wastes from aluminium thermal metallurgy |
| 10 03 02 | anode scraps |
| 10 03 04 * | primary production slags |
| 10 03 05 | waste alumina |
| 10 03 08 * | salt slags from secondary production |
| 10 03 09 * | black drosses from secondary production |
| 10 03 15 * | skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities |
| 10 03 16 | skimmings other than those mentioned in 10 03 15 |
| 10 03 17 * | tar-containing wastes from anode manufacture |
| 10 03 18 | carbon-containing wastes from anode manufacture other than those mentioned in 10 03 17 |
| 10 03 19 * | flue-gas dust containing dangerous substances |
| 10 03 20 | flue-gas dust other than those mentioned in 10 03 19 |
| 10 03 21 * | other particulates and dust (including ball-mill dust) containing dangerous substances |
| 10 03 22 | other particulates and dust (including ball-mill dust) other than those mentioned in 10 03 21 |
| 10 03 23 * | solid wastes from gas treatment containing dangerous substances |
| 10 03 24 | solid wastes from gas treatment other than those mentioned in 10 03 23 |
| 10 03 25 * | sludges and filter cakes from gas treatment containing dangerous substances |
| 10 03 26 | sludges and filter cakes from gas treatment other than those mentioned in 10 03 25 |
| 10 03 27 * | wastes from cooling-water treatment containing oil |
| 10 03 28 | wastes from cooling-water treatment other than those mentioned in 10 03 27 |
| 10 03 29 * | wastes from treatment of salt slags and black drosses containing dangerous substances |
| 10 03 30 | wastes from treatment of salt slags and black drosses other than those mentioned in 10 03 29 |
| 10 03 99 | wastes not otherwise specified |
| 10 04 | wastes from lead thermal metallurgy |
| 10 04 01 * | slags from primary and secondary production |
| 10 04 02 * | dross and skimmings from primary and secondary production |
| 10 04 03 * | calcium arsenate |
| 10 04 04 * | flue-gas dust |
| 10 04 05 * | other particulates and dust |
| 10 04 06 * | solid wastes from gas treatment |
| 10 04 07 * | sludges and filter cakes from gas treatment |
| 10 04 09 * | wastes from cooling-water treatment containing oil |
| 10 04 10 | wastes from cooling-water treatment other than those mentioned in 10 04 09 |
| 10 04 99 | wastes not otherwise specified |
| 10 05 | wastes from zinc thermal metallurgy |
| 10 05 01 | slags from primary and secondary production |
| 10 05 03 * | flue-gas dust |
| 10 05 04 | other particulates and dust |
| 10 05 05 * | solid waste from gas treatment |
| 10 05 06 * | sludges and filter cakes from gas treatment |
| 10 05 08 * | wastes from cooling-water treatment containing oil |
| 10 05 09 | wastes from cooling-water treatment other than those mentioned in 10 05 08 |
| 10 05 10 * | dross and skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities |
| 10 05 11 | dross and skimmings other than those mentioned in 10 05 10 |
| 10 05 99 | wastes not otherwise specified |
| 10 06 | wastes from copper thermal metallurgy |
| 10 06 01 | slags from primary and secondary production |
| 10 06 02 | dross and skimmings from primary and secondary production |
| 10 06 03 * | flue-gas dust |
| 10 06 04 | other particulates and dust |
| 10 06 06 * | solid wastes from gas treatment |
| 10 06 07 * | sludges and filter cakes from gas treatment |
| 10 06 09 * | wastes from cooling-water treatment containing oil |
| 10 06 10 | wastes from cooling-water treatment other than those mentioned in 10 06 09 |
| 10 06 99 | wastes not otherwise specified |
| 10 07 | wastes from silver, gold and platinum thermal metallurgy |
| 10 07 01 | slags from primary and secondary production |
| 10 07 02 | dross and skimmings from primary and secondary production |
| 10 07 03 | solid wastes from gas treatment |
| 10 07 04 | other particulates and dust |
| 10 07 05 | sludges and filter cakes from gas treatment |
| 10 07 07 * | wastes from cooling-water treatment containing oil |
| 10 07 08 | wastes from cooling-water treatment other than those mentioned in 10 07 07 |
| 10 07 99 | wastes not otherwise specified |
| 10 08 | wastes from other non-ferrous thermal metallurgy |
| 10 08 04 | particulates and dust |
| 10 08 08 * | salt slag from primary and secondary production |
| 10 08 09 | other slags |
| 10 08 10 * | dross and skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities |
| 10 08 11 | dross and skimmings other than those mentioned in 10 08 10 |
| 10 08 12 * | tar-containing wastes from anode manufacture |
| 10 08 13 | carbon-containing wastes from anode manufacture other than those mentioned in 10 08 12 |
| 10 08 14 | anode scrap |
| 10 08 15 * | flue-gas dust containing dangerous substances |
| 10 08 16 | flue-gas dust other than those mentioned in 10 08 15 |
| 10 08 17 * | sludges and filter cakes from flue-gas treatment containing dangerous substances |
| 10 08 18 | sludges and filter cakes from flue-gas treatment other than those mentioned in 10 08 17 |
| 10 08 19 * | wastes from cooling-water treatment containing oil |
| 10 08 20 | wastes from cooling-water treatment other than those mentioned in 10 08 19 |
| 10 08 99 | wastes not otherwise specified |
| 10 09 | wastes from casting of ferrous pieces |
| 10 09 03 | furnace slag |
| 10 09 05 * | casting cores and moulds which have not undergone pouring containing dangerous substances |
| 10 09 06 | casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05 |
| 10 09 07 * | casting cores and moulds which have undergone pouring containing dangerous substances |
| 10 09 08 | casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07 |
| 10 09 09 * | flue-gas dust containing dangerous substances |
| 10 09 10 | flue-gas dust other than those mentioned in 10 09 09 |
| 10 09 11 * | other particulates containing dangerous substances |
| 10 09 12 | other particulates other than those mentioned in 10 09 11 |
| 10 09 13 * | waste binders containing dangerous substances |
| 10 09 14 | waste binders other than those mentioned in 10 09 13 |
| 10 09 15 * | waste crack-indicating agent containing dangerous substances |
| 10 09 16 | waste crack-indicating agent other than those mentioned in 10 09 15 |
| 10 09 99 | wastes not otherwise specified |
| 10 10 | wastes from casting of non-ferrous pieces |
| 10 10 03 | furnace slag |
| 10 10 05 * | casting cores and moulds which have not undergone pouring containing dangerous substances |
| 10 10 06 | casting cores and moulds which have not undergone pouring other than those mentioned in 10 10 05 |
| 10 10 07 * | casting cores and moulds which have undergone pouring containing dangerous substances |
| 10 10 08 | casting cores and moulds which have undergone pouring other than those mentioned in 10 10 07 |
| 10 10 09 * | flue-gas dust containing dangerous substances |
| 10 10 10 | flue-gas dust other than those mentioned in 10 10 09 |
| 10 10 11 * | other particulates containing dangerous substances |
| 10 10 12 | other particulates other than those mentioned in 10 10 11 |
| 10 10 13 * | waste binders containing dangerous substances |
| 10 10 14 | waste binders other than those mentioned in 10 10 13 |
| 10 10 15 * | waste crack-indicating agent containing dangerous substances |
| 10 10 16 | waste crack-indicating agent other than those mentioned in 10 10 15 |
| 10 10 99 | wastes not otherwise specified |
| 10 11 | wastes from manufacture of glass and glass products |
| 10 11 03 | waste glass-based fibrous materials |
| 10 11 05 | particulates and dust |
| 10 11 09 * | waste preparation mixture before thermal processing containing dangerous substances |
| 10 11 10 | waste preparation mixture before thermal processing other than those mentioned in 10 11 09 |
| 10 11 11 * | waste glass in small particles and glass powder containing heavy metals (e.g. from cathode ray tubes) |
| 10 11 12 | waste glass other than those mentioned in 10 11 11 |
| 10 11 13 * | glass-polishing and -grinding sludge containing dangerous substances |
| 10 11 14 | glass-polishing and -grinding sludge other than those mentioned in 10 11 13 |
| 10 11 15 * | solid wastes from flue-gas treatment containing dangerous substances |
| 10 11 16 | solid wastes from flue-gas treatment other than those mentioned in 10 11 15 |
| 10 11 17 * | sludges and filter cakes from flue-gas treatment containing dangerous substances |
| 10 11 18 | sludges and filter cakes from flue-gas treatment other than those mentioned in 10 11 17 |
| 10 11 19 * | solid wastes from on-site effluent treatment containing dangerous substances |
| 10 11 20 | solid wastes from on-site effluent treatment other than those mentioned in 10 11 19 |
| 10 11 99 | wastes not otherwise specified |
| 10 12 | wastes from manufacture of ceramic goods, bricks, tiles and construction products |
| 10 12 01 | waste preparation mixture before thermal processing |
| 10 12 03 | particulates and dust |
| 10 12 05 | sludges and filter cakes from gas treatment |
| 10 12 06 | discarded molds |
| 10 12 08 | waste ceramics, bricks, tiles and construction products (after thermal processing) |
| 10 12 09 * | solid wastes from gas treatment containing dangerous substances |
| 10 12 10 | solid wastes from gas treatment other than those mentioned in 10 12 09 |
| 10 12 11 * | wastes from glazing containing heavy metals |
| 10 12 12 | wastes from glazing other than those mentioned in 10 12 11 |
| 10 12 13 | sludge from on-site effluent treatment |
| 10 12 99 | wastes not otherwise specified |
| 10 13 | wastes from manufacture of cement, lime and plaster and articles and products made from them |
| 10 13 01 | waste preparation mixture before thermal processing |
| 10 13 04 | wastes from calcination and hydration of lime |
| 10 13 06 | particulates and dust (except 10 13 12 and 10 13 13) |
| 10 13 07 | sludges and filter cakes from gas treatment |
| 10 13 09 * | wastes from asbestos-cement manufacture containing asbestos |
| 10 13 10 | wastes from asbestos-cement manufacture other than those mentioned in 10 13 09 |
| 10 13 11 | wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10 |
| 10 13 12 * | solid wastes from gas treatment containing dangerous substances |
| 10 13 13 | solid wastes from gas treatment other than those mentioned in 10 13 12 |
| 10 13 14 | waste concrete and concrete sludge |
| 10 13 99 | wastes not otherwise specified |
| 10 14 | waste from crematoria |
| 10 14 01 * | waste from gas cleaning containing mercury |
| 11 | WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER MATERIALS; NON-FERROUS HYDRO-METALLURGY |
| 11 01 | wastes from chemical surface treatment and coating of metals and other materials (e.g. galvanic processes, zinc coating processes, pickling processes, etching, phosphatiing, alkaline degreasing, anodising) |
| 11 01 05 * | pickling acids |
| 11 01 06 * | acids not otherwise specified |
| 11 01 07 * | pickling bases |
| 11 01 08 * | phosphatising sludges |
| 11 01 09 * | sludges and filter cakes containing dangerous substances |
| 11 01 10 | sludges and filter cakes other than those mentioned in 11 01 09 |
| 11 01 11 * | aqueous rinsing liquids containing dangerous substances |
| 11 01 12 | aqueous rinsing liquids other than those mentioned in 11 01 11 |
| 11 01 13 * | degreasing wastes containing dangerous substances |
| 11 01 14 | degreasing wastes other than those mentioned in 11 01 13 |
| 11 01 15 * | eluate and sludges from membrane systems or ion exchange systems containing dangerous substances |
| 11 01 16 * | saturated or spent ion exchange resins |
| 11 01 98 * | other wastes containing dangerous substances |
| 11 01 99 | wastes not otherwise specified |
| 11 02 | wastes from non-ferrous hydrometallurgical processes |
| 11 02 02 * | sludges from zinc hydrometallurgy (incl. Jarosite, goethite) |
| 11 02 03 | wastes from the production of anodes for aqueous electrolytical processes |
| 11 02 05 * | wastes from copper hydrometallurgical processes containing dangerous substances |
| 11 02 06 | wastes from copper hydrometallurgical processes other than those mentioned in 11 02 05 |
| 11 02 07 * | other wastes containing dangerous substances |
| 11 02 99 | wastes not otherwise specified |
| 11 03 | sludges and solids from tempering processes |
| 11 03 01 * | wastes containing cyanide |
| 11 03 02 * | other wastes |
| 11 05 | wastes from hot galvanising processes |
| 11 05 01 | hard zinc |
| 11 05 02 | zinc ash |
| 11 05 03 * | solid wastes from gas treatment |
| 11 05 04 * | spent flux |
| 11 05 99 | wastes not otherwise specified |
| 12 | WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS AND PLASTICS |
| 12 01 | wastes from shaping and physical and mechanical surface treatment of metals and plastics |
| 12 01 01 | ferrous metal filings and turnings |
| 12 01 02 | ferrous metal dust and particles |
| 12 01 03 | non-ferrous metal filings and turnings |
| 12 01 04 | non-ferrous metal dust and particles |
| 12 01 05 | plastics shavings and turnings |
| 12 01 06 * | mineral-based machining oils containing halogens (except emulsions and solutions) |
| 12 01 07 * | mineral-based machining oils free of halogens (except emulsions and solutions) |
| 12 01 08 * | machining emulsions and solutions containing halogens |
| 12 01 09 * | machining emulsions and solutions free of halogens |
| 12 01 10 * | synthetic machining oils |
| 12 01 12 * | spent waxes and fats |
| 12 01 13 | welding wastes |
| 12 01 14 * | machining sludges containing dangerous substances |
| 12 01 15 | machining sludges other than those mentioned in 12 01 14 |
| 12 01 16 * | waste blasting material containing dangerous substances |
| 12 01 17 | waste blasting material other than those mentioned in 12 01 16 |
| 12 01 18 * | metal sludge (grinding, honing and lapping sludge) containing oil |
| 12 01 19 * | readily biodegradable machining oil |
| 12 01 20 * | spent grinding bodies and grinding materials containing dangerous substances |
| 12 01 21 | spent grinding bodies and grinding materials other than those mentioned in 12 01 20 |
| 12 01 99 | wastes not otherwise specified |
| 12 03 | wastes from water and steam degreasing processes (except 11) |
| 12 03 01 * | aqueous washing liquids |
| 12 03 02 * | steam degreasing wastes |
| 13 | OIL WASTES AND WASTES OF LIQUID FUELS (except edible oils, and those in chapters 05, 12 and 19) |
| 13 01 | waste hydraulic oils |
| 13 01 01* | hydraulic oils, containing PCBs (16) |
| 13 01 04 * | chlorinated emulsions |
| 13 01 05 * | non-chlorinated emulsions |
| 13 01 09 * | mineral-based chlorinated hydraulic oils |
| 13 01 10 * | mineral based non-chlorinated hydraulic oils |
| 13 01 11 * | synthetic hydraulic oils |
| 13 01 12 * | readily biodegradable hydraulic oils |
| 13 01 13 * | other hydraulic oils |
| 13 02 | waste engine, gear and lubricating oils |
| 13 02 04 * | mineral-based chlorinated engine, gear and lubricating oils |
| 13 02 05 * | mineral-based non-chlorinated engine, gear and lubricating oils |
| 13 02 06 * | synthetic engine, gear and lubricating oils |
| 13 02 07 * | readily biodegradable engine, gear and lubricating oils |
| 13 02 08 * | other engine, gear and lubricating oils |
| 13 03 | waste insulating and heat transmission oils |
| 13 03 01 * | insulating or heat transmission oils containing PCBs |
| 13 03 06 * | mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 |
| 13 03 07 * | mineral-based non-chlorinated insulating and heat transmission oils |
| 13 03 08 * | synthetic insulating and heat transmission oils |
| 13 03 09 * | readily biodegradable insulating and heat transmission oils |
| 13 03 10 * | other insulating and heat transmission oils |
| 13 04 | bilge oils |
| 13 04 01 * | bilge oils from inland navigation |
| 13 04 02 * | bilge oils from jetty sewers |
| 13 04 03 * | bilge oils from other navigation |
| 13 05 | oil/water separator contents |
| 13 05 01 * | solids from grit chambers and oil/water separators |
| 13 05 02 * | sludges from oil/water separators |
| 13 05 03 * | interceptor sludges |
| 13 05 06 * | oil from oil/water separators |
| 13 05 07 * | oily water from oil/water separators |
| 13 05 08 * | mixtures of wastes from grit chambers and oil/water separators |
| 13 07 | wastes of liquid fuels |
| 13 07 01 * | fuel oil and diesel |
| 13 07 02 * | petrol |
| 13 07 03 * | other fuels (including mixtures) |
| 13 08 | oil wastes not otherwise specified |
| 13 08 01 * | desalter sludges or emulsions |
| 13 08 02 * | other emulsions |
| 13 08 99 * | wastes not otherwise specified |
| 14 | WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (EXCEPT 07 AND 08) |
| 14 06 | waste organic solvents, refrigerants and foam/aerosol propellants |
| 14 06 01 * | chlorofluorocarbons, HCFC, HFC |
| 14 06 02 * | other halogenated solvents and solvent mixtures |
| 14 06 03 * | other solvents and solvent mixtures |
| 14 06 04 * | sludges or solid wastes containing halogenated solvents |
| 14 06 05 * | sludges or solid wastes containing other solvents |
| 15 | WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTECTIVE CLOTHING NOT OTHERWISE SPECIFIED |
| 15 01 | packaging (including separately collected municipal packaging waste) |
| 15 01 01 | paper and cardboard packaging |
| 15 01 02 | plastic packaging |
| 15 01 03 | wooden packaging |
| 15 01 04 | metallic packaging |
| 15 01 05 | composite packaging |
| 15 01 06 | mixed packaging |
| 15 01 07 | glass packaging |
| 15 01 09 | textile packaging |
| 15 01 10 * | packaging containing residues of or contaminated by dangerous substances |
| 15 01 11 * | metallic packaging containing a dangerous solid porous matrix (e.g. asbestos), including empty pressure containers |
| 15 02 | absorbents, filter materials, wiping cloths and protective clothing |
| 15 02 02 * | absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by dangerous substances |
| 15 02 03 | absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 15 02 02 |
| 16 | WASTES NOT OTHERWISE SPECIFIED IN THE LIST |
| 16 01 | end-of-life vehicles from different means of transport (including off-road machinery
  , vessels and aircraft
  ) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08) |
| 16 01 03 | end-of-life tyres |
| 16 01 04 * | end-of-life vehicles |
| 16 01 04 * a | vessels and other floating structures for breaking up, not properly emptied of any cargo and other materials contained in the vessel which may have been classified as a dangerous substance or waste |
| 16 01 06 | end-of-life vehicles, containing neither liquids nor other hazardous components |
| 16 01 06 a | vessels and other floating structures for breaking up, properly emptied of any cargo and other materials contained in the vessel which may have been classified as a dangerous substance or waste |
| 16 01 07 * | oil filters |
| 16 01 08 * | components containing mercury |
| 16 01 09 * | components containing PCBs |
| 16 01 10 * | explosive components (e.g. air bags) |
| 16 01 11 * | brake pads containing asbestos |
| 16 01 12 | brake pads other than those mentioned in 16 01 11 |
| 16 01 13 * | brake fluids |
| 16 01 14 * | antifreeze fluids containing dangerous substances |
| 16 01 15 | antifreeze fluids other than those mentioned in 16 01 14 |
| 16 01 16 | tanks for liquefied gas |
| 16 01 17 | ferrous metal |
| 16 01 18 | non-ferrous metal |
| 16 01 19 | plastic |
| 16 01 20 | glass |
| 16 01 21 * | hazardous components other than those mentioned in 16 01 07 to 16 01 11 and 16 01 13 and 16 01 14 |
| 16 01 22 | components not otherwise specified |
| 16 01 99 | wastes not otherwise specified |
| 16 02 | wastes from electrical and electronic equipment |
| 16 02 09 * | transformers and capacitors containing PCBs |
| 16 02 10 * | discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09 |
| 16 02 11 * | discarded equipment containing chlorofluorocarbons, HCFC, HFC |
| 16 02 12 * | discarded equipment containing free asbestos |
| 16 02 13 * | discarded equipment containing hazardous components (17) other than those mentioned in 16 02 09 to 16 02 12 |
| 16 02 14 | discarded equipment other than those mentioned in 16 02 09 to 16 02 13 |
| 16 02 15 * | hazardous components removed from discarded equipment |
| 16 02 16 | components removed from discarded equipment other than those mentioned in 16 02 15 |
| 16 03 | off-specification batches and unused products |
| 16 03 03 * | inorganic wastes containing dangerous substances |
| 16 03 04 | inorganic wastes other than those mentioned in 16 03 03 |
| 16 03 05 * | organic wastes containing dangerous substances |
| 16 03 06 | organic wastes other than those mentioned in 16 03 05 |
| 16 04 | waste explosives |
| 16 04 01 * | waste ammunition |
| 16 04 02 * | fireworks wastes |
| 16 04 03 * | other waste explosives |
| 16 05 | gases in pressure containers and discarded chemicals |
| 16 05 04 * | gases in pressure containers (including halons) containing dangerous substances |
| 16 05 05 | gases in pressure containers other than those mentioned in 16 05 04 |
| 16 05 06 * | laboratory chemicals consisting of or containing dangerous substances including mixtures of laboratory chemicals |
| 16 05 07 * | discarded inorganic chemicals consisting of or containing dangerous substances |
| 16 05 08 * | discarded organic chemicals consisting of or containing dangerous substances |
| 16 05 09 | discarded chemicals other than those mentioned in 16 05 06, 16 05 07 or 16 05 08 |
| 16 06 | batteries and accumulators |
| 16 06 01 * | lead batteries |
| 16 06 02 * | Ni-Cd batteries |
| 16 06 03 * | mercury- containing batteries |
| 16 06 04 | alkaline batteries (except 16 06 03) |
| 16 06 05 | other batteries and accumulators |
| 16 06 06 * | separately collected electrolyte from batteries and accumulators |
| 16 07 | wastes from transport tank, storage tank and barrel cleaning (except 05 and 13) |
| 16 07 08 * | wastes containing oil |
| 16 07 09 * | wastes containing other dangerous substances |
| 16 07 99 | wastes not otherwise specified |
| 16 08 | spent catalysts |
| 16 08 01 | spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07) |
| 16 08 02 * | spent catalysts containing dangerous transition metals (18) or dangerous transition metal compounds |
| 16 08 03 | spent catalysts containing transition metals or transition metal compounds not otherwise specified |
| 16 08 04 | spent fluid catalytic cracking catalysts (except 16 08 07) |
| 16 08 05 * | spent catalysts containing phosphoric acid |
| 16 08 06 * | spent liquids used as catalysts |
| 16 08 07 * | spent catalysts contaminated with dangerous substances |
| 16 09 | oxidising substances |
| 16 09 01 * | permanganates, e.g. potassium permanganate |
| 16 09 02 * | chromates, e.g. potassium chromate, potassium or sodium dichromate |
| 16 09 03 * | peroxides, e.g. hydrogen peroxide |
| 16 09 04 * | oxidising substances, not otherwise specified |
| 16 10 | aqueous liquid wastes destined for off-site treatment |
| 16 10 01 * | aqueous liquid wastes containing dangerous substances |
| 16 10 02 | aqueous liquid wastes other than those mentioned in 16 10 01 |
| 16 10 03 * | aqueous concentrates containing dangerous substances |
| 16 10 04 | aqueous concentrates other than those mentioned in 16 10 03 |
| 16 11 | waste linings and refractories |
| 16 11 01 * | carbon-based linings and refractories from metallurgical processes containing dangerous substances |
| 16 11 02 | carbon-based linings and refractories from metallurgical processes others than those mentioned in 16 11 01 |
| 16 11 03 * | other linings and refractories from metallurgical processes containing dangerous substances |
| 16 11 04 | other linings and refractories from metallurgical processes other than those mentioned in 16 11 03 |
| 16 11 05 * | linings and refractories from non-metallurgical processes containing dangerous substances |
| 16 11 06 | linings and refractories from non-metallurgical processes others than those mentioned in 16 11 05 |
| 17 | CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES) |
| 17 01 | concrete, bricks, tiles and ceramics |
| 17 01 01 | concrete |
| 17 01 02 | bricks |
| 17 01 03 | tiles and ceramics |
| 17 01 06 * | mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing dangerous substances |
| 17 01 07 | mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 |
| 17 02 | wood, glass and plastic |
| 17 02 01 | wood |
| 17 02 02 | glass |
| 17 02 03 | plastic |
| 17 02 04 * | glass, plastic and wood containing or contaminated with dangerous substances |
| 17 03 | bituminous mixtures, coal tar and tarred products |
| 17 03 01 * | bituminous mixtures containing coal tar |
| 17 03 02 | bituminous mixtures other than those mentioned in 17 03 01 |
| 17 03 03 * | coal tar and tarred products |
| 17 04 | metals (including their alloys) |
| 17 04 01 | copper, bronze, brass |
| 17 04 02 | aluminium |
| 17 04 03 | lead |
| 17 04 04 | zinc |
| 17 04 05 | iron and steel |
| 17 04 06 | tin |
| 17 04 07 | mixed metals |
| 17 04 09 * | metal waste contaminated with dangerous substances |
| 17 04 10 * | cables containing oil, coal tar and other dangerous substances |
| 17 04 11 | cables other than those mentioned in 17 04 10 |
| 17 05 | soil (including excavated soil from contaminated sites), stones and dredging spoil |
| 17 05 03 * | soil and stones containing dangerous substances |
| 17 05 04 | soil and stones other than those mentioned in 17 05 03 |
| 17 05 05 * | dredging spoil containing dangerous substances |
| 17 05 06 | dredging spoil other than those mentioned in 17 05 05 |
| 17 05 07 * | track ballast containing dangerous substances |
| 17 05 08 | track ballast other than those mentioned in 17 05 07 |
| 17 06 | insulation materials and asbestos-containing construction materials |
| 17 06 01 * | insulation materials containing asbestos |
| 17 06 03 * | other insulation materials consisting of or containing dangerous substances |
| 17 06 04 | insulation materials other than those mentioned in 17 06 01 and 17 06 03 |
| 17 06 05 * | construction materials containing asbestos |
| 17 08 | gypsum-based construction material |
| 17 08 01 * | gypsum-based construction materials contaminated with dangerous substances |
| 17 08 02 | gypsum-based construction materials other than those mentioned in 17 08 01 |
| 17 09 | other construction and demolition wastes |
| 17 09 01 * | construction and demolition wastes containing mercury |
| 17 09 02 * | construction and demolition wastes containing PCB (e.g. PCB-containing sealants, PCB-containing resin-based floorings, PCB-containing sealed glazing units, PCB-containing capacitors) |
| 17 09 03 * | other construction and demolition wastes (including mixed wastes) containing dangerous substances |
| 17 09 04 | mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02 and 17 09 03 |
| 18 | WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCEPT KITCHEN AND RESTAURANT WASTES NOT ARISING FROM IMMEDIATE HEALTH CARE) |
| 18 01 | wastes from natal care, diagnosis, treatment or prevention of disease in humans |
| 18 01 01 | sharps (except 18 01 03) |
| 18 01 02 | body parts and organs including blood bags and blood preserves (except 18 01 03) |
| 18 01 03 * | wastes whose collection and disposal is subject to special requirements in order to prevent infection |
| 18 01 04 | wastes whose collection and disposal is not subject to special requirements in order to prevent infection (e.g. dressings, plaster casts, linen, disposable clothing, diapers) |
| 18 01 06 * | chemicals consisting of or containing dangerous substances |
| 18 01 07 | chemicals other than those mentioned in 18 01 06 |
| 18 01 08 * | cytotoxic and cytostatic medicines |
| 18 01 09 | medicines other than those mentioned in 18 01 08 |
| 18 01 10 * | amalgam waste from dental care |
| 18 02 | wastes from research, diagnosis, treatment or prevention of disease involving animals |
| 18 02 01 | sharps (except 18 02 02) |
| 18 02 02 * | wastes whose collection and disposal is subject to special requirements in order to prevent infection |
| 18 02 03 | wastes whose collection and disposal is not subject to special requirements in order to prevent infection |
| 18 02 05 * | chemicals consisting of or containing dangerous substances |
| 18 02 06 | chemicals other than those mentioned in 18 02 05 |
| 18 02 07 * | cytotoxic and cytostatic medicines |
| 18 02 08 | medicines other than those mentioned in 18 02 07 |
| 19 | WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND WATER FOR INDUSTRIAL USE |
| 19 01 | wastes from incineration or pyrolysis of waste |
| 19 01 02 | ferrous materials removed from bottom ash |
| 19 01 05 * | filter cake from gas treatment |
| 19 01 06 * | aqueous liquid wastes from gas treatment and other aqueous liquid wastes |
| 19 01 07 * | solid wastes from gas treatment |
| 19 01 10 * | spent activated carbon from flue-gas treatment |
| 19 01 11 * | bottom ash and slag containing dangerous substances |
| 19 01 12 | bottom ash and slag other than those mentioned in 19 01 11 |
| 19 01 13 * | fly ash containing dangerous substances |
| 19 01 14 | fly ash other than those mentioned in 19 01 13 |
| 19 01 15 * | boiler dust containing dangerous substances |
| 19 01 16 | boiler dust other than those mentioned in 19 01 15 |
| 19 01 17* | pyrolysis wastes containing dangerous substances |
| 19 01 18 | pyrolysis wastes other than those mentioned in 19 01 17 |
| 19 01 19 | sands from fluidised beds |
| 19 01 99 | wastes not otherwise specified |
| 19 02 | wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisation) |
| 19 02 03 | premixed wastes composed only of non hazardous wastes |
| 19 02 04 * | premixed wastes composed of at least one hazardous waste |
| 19 02 05 * | sludges from physico/chemical treatment containing dangerous substances |
| 19 02 06 | sludges from physico/chemical treatment other than those mentioned in 19 02 05 |
| 19 02 07 * | oil and concentrates from separation |
| 19 02 08 * | liquid combustible wastes containing dangerous substances |
| 19 02 09 * | solid combustible wastes containing dangerous substances |
| 19 02 10 | combustible wastes other than those mentioned in 19 02 08 and 19 02 09 |
| 19 02 11 * | other wastes containing dangerous substances |
| 19 02 99 | wastes not otherwise specified |
| 19 03 | stabilised/solidified wastes (19) |
| 19 03 04 * | wastes marked as hazardous, partly (20) stabilised |
| 19 03 05 | stabilised wastes other than those mentioned in 19 03 04 |
| 19 03 06 * | wastes marked as hazardous, solidified |
| 19 03 07 | solidified wastes other than those mentioned in 19 03 06 |
| 19 04 | vitrified waste and wastes from vitrification |
| 19 04 01 | vitrified waste |
| 19 04 02 * | fly ash and other flue-gas treatment wastes |
| 19 04 03 * | non-vitrified solid phase |
| 19 04 04 | aqueous liquid wastes from vitrified waste tempering |
| 19 05 | wastes from aerobic treatment of solid wastes |
| 19 05 01 | non-composted fraction of municipal and similar wastes |
| 19 05 02 | non-composted fraction of animal and vegetable waste |
| 19 05 03 | off-specification compost |
| 19 05 99 | wastes not otherwise specified |
| 19 06 | wastes from anaerobic treatment of waste |
| 19 06 03 | liquor from anaerobic treatment of municipal waste |
| 19 06 04 | digestate from anaerobic treatment of municipal waste |
| 19 06 05 | liquor from anaerobic treatment of animal and vegetable waste |
| 19 06 06 | digestate from anaerobic treatment of animal and vegetable waste |
| 19 06 99 | wastes not otherwise specified |
| 19 07 | landfill leachate |
| 19 07 02 * | landfill leachate containing dangerous substances |
| 19 07 03 | landfill leachate other than those mentioned in 19 07 02 |
| 19 08 | wastes from waste water treatment plants not otherwise specified |
| 19 08 01 | screenings |
| 19 08 02 | waste from desanding |
| 19 08 05 | sludges from treatment of urban waste water |
| 19 08 06 * | saturated or spent ion exchange resins |
| 19 08 07 * | solutions and sludges from regeneration of ion exchangers |
| 19 08 08 * | membrane system waste containing heavy metals |
| 19 08 09 | grease and oil mixture from oil/water separation containing only edible oil and fats |
| 19 08 10 * | grease and oil mixture from oil/water separation other than those mentioned in 19 08 09 |
| 19 08 11 * | sludges containing dangerous substances from biological treatment of industrial waste water |
| 19 08 12 | sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11 |
| 19 08 13 * | sludges containing dangerous substances from other treatment of industrial waste water |
| 19 08 14 | sludges from other treatment of industrial waste water other than those mentioned in 19 08 13 |
| 19 08 99 | wastes not otherwise specified |
| 19 09 | wastes from the preparation of water intended for human consumption or water for industrial use |
| 19 09 01 | solid waste from primary filtration and screenings |
| 19 09 02 | sludges from water clarification |
| 19 09 03 | sludges from decarbonation |
| 19 09 04 | spent activated carbon |
| 19 09 05 | saturated or spent ion exchange resins |
| 19 09 06 | solutions and sludges from regeneration of ion exchangers |
| 19 09 99 | wastes not otherwise specified |
| 19 10 | wastes from shredding of metal-containing wastes |
| 19 10 01 | iron and steel waste |
| 19 10 02 | non-ferrous waste |
| 19 10 03 * | fluff-light fraction and dust containing dangerous substances |
| 19 10 04 | fluff-light fraction and dust other than those mentioned in 19 10 03 |
| 19 10 05 * | other fractions containing dangerous substances |
| 19 10 06 | other fractions other than those mentioned in 19 10 05 |
| 19 11 | wastes from oil regeneration |
| 19 11 01 * | spent filter clays |
| 19 11 02 * | acid tars |
| 19 11 03 * | aqueous liquid wastes |
| 19 11 04 * | wastes from cleaning of fuel with bases |
| 19 11 05 * | sludges from on-site effluent treatment containing dangerous substances |
| 19 11 06 | sludges from on-site effluent treatment other than those mentioned in 19 11 05 |
| 19 11 07 * | wastes from flue-gas cleaning |
| 19 11 99 | wastes not otherwise specified |
| 19 12 | wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, pelletising) not otherwise specified |
| 19 12 01 | paper and cardboard |
| 19 12 02 | ferrous metal |
| 19 12 03 | non-ferrous metal |
| 19 12 04 | plastic and rubber |
| 19 12 05 | glass |
| 19 12 06 * | wood containing dangerous substances |
| 19 12 07 | wood other than that mentioned in 19 12 06 |
| 19 12 08 | textiles |
| 19 12 09 | minerals (e.g. sand, stones) |
| 19 12 10 | combustible waste (refuse derived fuel) |
| 19 12 11 * | other wastes (including mixtures of materials) from mechanical treatment of waste containing dangerous substances |
| 19 12 12 | other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11 |
| 19 13 | wastes from soil and groundwater remediation |
| 19 13 01 * | solid wastes from soil remediation containing dangerous substances |
| 19 13 02 | solid wastes from soil remediation other than those mentioned in 19 13 01 |
| 19 13 03 * | sludges from soil remediation containing dangerous substances |
| 19 13 04 | sludges from soil remediation other than those mentioned in 19 13 03 |
| 19 13 05 * | sludges from groundwater remediation containing dangerous substances |
| 19 13 06 | sludges from groundwater remediation other than those mentioned in 19 13 05 |
| 19 13 07 * | aqueous liquid wastes and aqueous concentrates from groundwater remediation containing dangerous substances |
| 19 13 08 | aqueous liquid wastes and aqueous concentrates from groundwater remediation other than those mentioned in 19 13 07 |
| 20 | MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS |
| 20 01 | separately collected fractions (except 15 01) |
| 20 01 01 | paper and cardboard |
| 20 01 02 | glass |
| 20 01 08 | biodegradable kitchen and canteen waste |
| 20 01 10 | clothes |
| 20 01 11 | textiles |
| 20 01 13 * | solvents |
| 20 01 14 * | acids |
| 20 01 15 * | alkalines |
| 20 01 17 * | photochemicals |
| 20 01 19 * | pesticides |
| 20 01 21 * | fluorescent tubes and other mercury-containing waste |
| 20 01 23 * | discarded equipment containing chlorofluorocarbons |
| 20 01 25 | edible oil and fat |
| 20 01 26 * | oil and fat other than those mentioned in 20 01 25 |
| 20 01 27 * | paint, inks, adhesives and resins containing dangerous substances |
| 20 01 28 | paint, inks, adhesives and resins other than those mentioned in 20 01 27 |
| 20 01 29 * | detergents containing dangerous substances |
| 20 01 30 | detergents other than those mentioned in 20 01 29 |
| 20 01 31 * | cytotoxic and cytostatic medicines |
| 20 01 32 | medicines other than those mentioned in 20 01 31 |
| 20 01 33 * | batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries |
| 20 01 34 | batteries and accumulators other than those mentioned in 20 01 33 |
| 20 01 35 * | discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components (21) |
| 20 01 36 | discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and 20 01 35 |
| 20 01 37 * | wood containing dangerous substances |
| 20 01 38 | wood other than that mentioned in 20 01 37 |
| 20 01 39 | plastics |
| 20 01 40 | metals |
| 20 01 41 | wastes from chimney sweeping |
| 20 01 99 | other fractions not otherwise specified |
| 20 02 | garden and park wastes (including cemetery waste) |
| 20 02 01 | biodegradable waste |
| 20 02 02 | soil and stones |
| 20 02 03 | other non-biodegradable wastes |
| 20 03 | other municipal wastes |
| 20 03 01 | mixed municipal waste |
| 20 03 02 | waste from markets |
| 20 03 03 | street-cleaning residues |
| 20 03 04 | septic tank sludge |
| 20 03 06 | waste from sewage cleaning |
| 20 03 07 | bulky waste |
| 20 03 99 | municipal wastes not otherwise specified |

Wastes listed in the Annex to Commission Decision 2000/532/EC. Wastes marked with an asterisk are considered to be hazardous waste pursuant to Directive 91/689/EEC on hazardous waste (15).

01

WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, AND PHYSICAL AND CHEMICAL TREATMENT OF MINERALS

01 01

wastes from mineral excavation

01 01 01

wastes from mineral metalliferous excavation

01 01 02

wastes from mineral non-metalliferous excavation

01 03

wastes from physical and chemical processing of metalliferous minerals

01 03 04 *

acid-generating tailings from processing of sulphide ore

01 03 05 *

other tailings containing dangerous substances

01 03 06

tailings other than those mentioned in 01 03 04 and 01 03 05

01 03 07 *

other wastes containing dangerous substances from physical and chemical processing of metalliferous minerals

01 03 08

dusty and powdery wastes other than those mentioned in 01 03 07

01 03 09

red mud from alumina production other than the wastes mentioned in 01 03 07

01 03 99

wastes not otherwise specified

01 04

wastes from physical and chemical processing of non-metalliferous minerals

01 04 07 *

wastes containing dangerous substances from physical and chemical processing of nonmetalliferous minerals

01 04 08

waste gravel and crushed rocks other than those mentioned in 01 04 07

01 04 09

waste sand and clays

01 04 10

dusty and powdery wastes other than those mentioned in 01 04 07

01 04 11

wastes from potash and rock-salt processing other than those mentioned in 01 04 07

01 04 12

tailings and other wastes from washing and cleaning of minerals other than those mentioned in 01 04 07 and 01 04 11

01 04 13

wastes from stone cutting and sawing other than those mentioned in 01 04 07

01 04 99

wastes not otherwise specified

01 05

drilling muds and other drilling wastes

01 05 04

fresh-water drilling muds and wastes

01 05 05 *

oil-containing drilling muds and wastes

01 05 06 *

drilling muds and other drilling wastes containing dangerous substances

01 05 07

barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06

01 05 08

chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06

01 05 99

wastes not otherwise specified

02

WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND FISHING, FOOD PREPARATION AND PROCESSING

02 01

wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing

02 01 01

sludges from washing and cleaning

02 01 02

animal-tissue waste

02 01 03

plant-tissue waste

02 01 04

waste plastics (except packaging)

02 01 06

animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site

02 01 07

wastes from forestry

02 01 08 *

agrochemical waste containing dangerous substances

02 01 09

agrochemical waste other than those mentioned in 02 01 08

02 01 10

waste metal

02 01 99

wastes not otherwise specified

02 02

wastes from the preparation and processing of meat, fish and other foods of animal origin

02 02 01

sludges from washing and cleaning

02 02 02

animal-tissue waste

02 02 03

materials unsuitable for consumption or processing

02 02 04

sludges from on-site effluent treatment

02 02 99

wastes not otherwise specified

02 03

wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation

02 03 01

sludges from washing, cleaning, peeling, centrifuging and separation

02 03 02

wastes from preserving agents

02 03 03

wastes from solvent extraction

02 03 04

materials unsuitable for consumption or processing

02 03 05

sludges from on-site effluent treatment

02 03 99

wastes not otherwise specified

02 04

wastes from sugar processing

02 04 01

soil from cleaning and washing beet

02 04 02

off-specification calcium carbonate

02 04 03

sludges from on-site effluent treatment

02 04 99

wastes not otherwise specified

02 05

wastes from the dairy products industry

02 05 01

materials unsuitable for consumption or processing

02 05 02

sludges from on-site effluent treatment

02 05 99

wastes not otherwise specified

02 06

wastes from the baking and confectionery industry

02 06 01

materials unsuitable for consumption or processing

02 06 02

wastes from preserving agents

02 06 03

sludges from on-site effluent treatment

02 06 99

wastes not otherwise specified

02 07

wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)

02 07 1

wastes from washing, cleaning and mechanical reduction of raw materials

02 07 02

wastes from spirits distillation

02 07 03

wastes from chemical treatment

02 07 04

materials unsuitable for consumption or processing

02 07 05

sludges from on-site effluent treatment

02 07 99

wastes not otherwise specified

03

WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP, PAPER AND CARDBOARD

03 01

wastes from wood processing and the production of panels and furniture

03 01 01

waste bark and cork

03 01 04 *

sawdust, shavings, cuttings, wood, particle board and veneer containing dangerous substances

03 01 05

sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04

03 01 99

wastes not otherwise specified

03 02

wastes from wood preservation

03 02 01 *

non-halogenated organic wood preservatives

03 02 02 *

organochlorinated wood preservatives

03 02 03 *

organometallic wood preservatives

03 02 04 *

inorganic wood preservatives

03 02 05 *

other wood preservatives containing dangerous substances

03 02 99

wood preservatives not otherwise specified

03 03

wastes from pulp, paper and cardboard production and processing

03 03 01

waste bark and wood

03 03 02

green liquor sludge (from recovery of cooking liquor)

03 03 05

de-inking sludges from paper recycling

03 03 07

mechanically separated rejects from pulping of waste paper and cardboard

03 03 08

wastes from sorting of paper and cardboard destined for recycling

03 03 09

lime mud waste

03 03 10

fibre rejects, fibre-, filler- and coating sludges from mechanical separation

03 03 11

sludges from on-site effluent treatment other than those mentioned in 03 03 10

03 03 99

wastes not otherwise specified

04

WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES

04 01

wastes from the leather and fur industry

04 01 01

fleshings and lime split wastes

04 01 02

liming waste

04 01 03 *

degreasing wastes containing solvents without a liquid phase

04 01 04

tanning liquor containing chromium

04 01 05

tanning liquor free of chromium

04 01 06

sludges, in particular from on-site effluent treatment containing chromium

04 01 07

sludges, in particular from on-site effluent treatment free of chromium

04 01 08

waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium

04 01 09

wastes from dressing and finishing

04 01 99

wastes not otherwise specified

04 02

wastes from the textile industry

04 02 09

wastes from composite materials (impregnated textile, elastomer, plastomer)

04 02 10

organic matter from natural products (e.g. grease, wax)

04 02 14 *

wastes from finishing containing organic solvents

04 02 15

wastes from finishing other than those mentioned in 04 02 14

04 02 16 *

dyestuffs and pigments containing dangerous substances

04 02 17

dyestuffs and pigments other than those mentioned in 04 02 16

04 02 19 *

sludges from on-site effluent treatment containing dangerous substances

04 02 20

sludges from on-site effluent treatment other than those mentioned in 04 02 19

04 02 21

wastes from unprocessed textile fibres

04 02 22

wastes from processed textile fibres

04 02 99

wastes not otherwise specified

05

WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL

05 01

wastes from petroleum refining

05 01 02 *

desalter sludges

05 01 03 *

tank bottom sludges

05 01 04 *

acid alkyl sludges

05 01 05 *

oil spills

05 01 06 *

oily sludges from maintenance operations of the plant or equipment

05 01 07 *

acid tars

05 01 08 *

other tars

05 01 09 *

sludges from on-site effluent treatment containing dangerous substances

05 01 10

sludges from on-site effluent treatment other than those mentioned in 05 01 09

05 01 11 *

wastes from cleaning of fuels with bases

05 01 12 *

oil containing acids

05 01 13

boiler feedwater sludges

05 01 14

wastes from cooling columns

05 01 15 *

spent filter clays

05 01 16

sulphur-containing wastes from petroleum desulphurisation

05 01 17

bitumen

05 01 99

wastes not otherwise specified

05 06

wastes from the pyrolytic treatment of coal

05 06 01 *

acid tars

05 06 03 *

other tars

05 06 04

waste from cooling columns

05 06 99

wastes not otherwise specified

05 07

wastes from natural gas purification and transportation

05 07 01 *

wastes containing mercury

05 07 02

wastes containing sulphur

05 07 99

wastes not otherwise specified

06

WASTES FROM INORGANIC CHEMICAL PROCESSES

06 01

wastes from the manufacture, formulation, supply and use (MFSU) of acids

06 01 01 *

sulphuric acid and sulphurous acid

06 01 02 *

hydrochloric acid

06 01 03 *

hydrofluoric acid

06 01 04 *

phosphoric and phosphorous acid

06 01 05 *

nitric acid and nitrous acid

06 01 06 *

other acids

06 01 99

wastes not otherwise specified

06 02

wastes from the MFSU of bases

06 02 01 *

calcium hydroxide

06 02 03 *

ammonium hydroxide

06 02 04 *

sodium and potassium hydroxide

06 02 05 *

other bases

06 02 99

wastes not otherwise specified

06 03

wastes from the MFSU of salts and their solutions and metallic oxides

06 03 11 *

solid salts and solutions containing cyanides

06 03 13 *

solid salts and solutions containing heavy metals

06 03 14

solid salts and solutions other than those mentioned in 06 03 11 and 06 03 13

06 03 15 *

metallic oxides containing heavy metals

06 03 16

metallic oxides other than those mentioned in 06 03 15

06 03 99

wastes not otherwise specified

06 04

metal-containing wastes other than those mentioned in 06 03

06 04 03 *

wastes containing arsenic

06 04 04 *

wastes containing mercury

06 04 05 *

wastes containing other heavy metals

06 04 99

wastes not otherwise specified

06 05

sludges from on-site effluent treatment

06 05 02 *

sludges from on-site effluent treatment containing dangerous substances

06 05 03

sludges from on-site effluent treatment other than those mentioned in 06 05 02

06 06

wastes from the MFSU of sulphur chemicals, sulphur chemical processes and desulphurisation processes

06 06 02 *

wastes containing dangerous sulphides

06 06 3

wastes containing sulphides other than those mentioned in 06 06 02

06 06 99

wastes not otherwise specified

06 07

wastes from the MFSU of halogens and halogen chemical processes

06 07 01 *

wastes containing asbestos from electrolysis

06 07 02 *

activated carbon from chlorine production

06 07 03 *

barium sulphate sludge containing mercury

06 07 04 *

solutions and acids, e.g. contact acid

06 07 99

wastes not otherwise specified

06 08

wastes from the MFSU of silicon and silicon derivatives

06 08 02 *

wastes containing dangerous chlorosilanes

06 08 99

wastes not otherwise specified

06 09

wastes from the MSFU of phosphorous chemicals and phosphorous chemical processes

06 09 02

phosphorous slag

06 09 03 *

calcium-based reaction wastes containing or contaminated with dangerous substances

06 09 04

calcium-based reaction wastes other than those mentioned in 06 09 03

06 09 99

wastes not otherwise specified

06 10

wastes from the MFSU of nitrogen chemicals, nitrogen chemical processes and fertiliser manufacture

06 10 02 *

wastes containing dangerous substances

06 10 99

wastes not otherwise specified

06 11

wastes from the manufacture of inorganic pigments and opacificiers

06 11 01

calcium-based reaction wastes from titanium dioxide production

06 11 99

wastes not otherwise specified

06 13

wastes from inorganic chemical processes not otherwise specified

06 13 01 *

inorganic plant protection products, wood-preserving agents and other biocides.

06 13 02 *

spent activated carbon (except 06 07 02)

06 13 03

carbon black

06 13 04 *

wastes from asbestos processing

06 13 05 *

Soot

06 13 99

wastes not otherwise specified

07

WASTES FROM ORGANIC CHEMICAL PROCESSES

07 01

wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals

07 01 01 *

aqueous washing liquids and mother liquors

07 01 03 *

organic halogenated solvents, washing liquids and mother liquors

07 01 04 *

other organic solvents, washing liquids and mother liquors

07 01 07 *

halogenated still bottoms and reaction residues

07 01 08 *

other still bottoms and reaction residues

07 01 09 *

halogenated filter cakes and spent absorbents

07 01 10 *

other filter cakes and spent absorbents

07 01 11 *

sludges from on-site effluent treatment containing dangerous substances

07 01 12

sludges from on-site effluent treatment other than those mentioned in 07 01 11

07 01 99

wastes not otherwise specified

07 02

wastes from the MFSU of plastics, synthetic rubber and man-made fibres

07 02 01 *

aqueous washing liquids and mother liquors

07 02 03 *

organic halogenated solvents, washing liquids and mother liquors

07 02 04 *

other organic solvents, washing liquids and mother liquors

07 02 07 *

halogenated still bottoms and reaction residues

07 02 08 *

other still bottoms and reaction residues

07 02 09 *

halogenated filter cakes and spent absorbents

07 02 10 *

other filter cakes and spent absorbents

07 02 11 *

sludges from on-site effluent treatment containing dangerous substances

07 02 12

sludges from on-site effluent treatment other than those mentioned in 07 02 11

07 02 13

waste plastic

07 02 14 *

wastes from additives containing dangerous substances

07 02 15

wastes from additives other than those mentioned in 07 02 14

07 02 16 *

wastes containing dangerous silicones

07 02 17

waste containing silicones other than those mentioned in 07 02 16

07 02 99

wastes not otherwise specified

07 03

wastes from the MFSU of organic dyes and pigments (except 06 11)

07 03 01 *

aqueous washing liquids and mother liquors

07 03 03 *

organic halogenated solvents, washing liquids and mother liquors

07 03 04 *

other organic solvents, washing liquids and mother liquors

07 03 07 *

halogenated still bottoms and reaction residues

07 03 08 *

other still bottoms and reaction residues

07 03 09 *

halogenated filter cakes and spent absorbents

07 03 10 *

other filter cakes and spent absorbents

07 03 11 *

sludges from on-site effluent treatment containing dangerous substances

07 03 12

sludges from on-site effluent treatment other than those mentioned in 07 03 11

07 03 99

wastes not otherwise specified

07 04

Wastes from the MFSU of organic plant protection products (except 02 01 08 and 02 01 09), wood preserving agents (except 03 02) and other biocides

07 04 01 *

aqueous washing liquids and mother liquors

07 04 03 *

organic halogenated solvents, washing liquids and mother liquors

07 04 04 *

other organic solvents, washing liquids and mother liquors

07 04 07 *

halogenated still bottoms and reaction residues

07 04 08 *

other still bottoms and reaction residues

07 04 09 *

halogenated filter cakes and spent absorbents

07 04 10 *

other filter cakes and spent absorbents

07 04 11 *

sludges from on-site effluent treatment containing dangerous substances

07 04 12

sludges from on-site effluent treatment other than those mentioned in 07 04 11

07 04 13 *

solid wastes containing dangerous substances

07 04 99

wastes not otherwise specified

07 05

wastes from the MFSU of pharmaceuticals

07 05 01 *

aqueous washing liquids and mother liquors

07 05 03 *

organic halogenated solvents, washing liquids and mother liquors

07 05 04 *

other organic solvents, washing liquids and mother liquors

07 05 07 *

halogenated still bottoms and reaction residues

07 05 08 *

other still bottoms and reaction residues

07 05 09 *

halogenated filter cakes and spent absorbents

07 05 10 *

other filter cakes and spent absorbents

07 05 11 *

sludges from on-site effluent treatment containing dangerous substances

07 05 12

sludges from on-site effluent treatment other than those mentioned in 07 05 11

07 05 13 *

solid wastes containing dangerous substances

07 05 14

solid wastes other than those mentioned in 07 05 13

07 05 99

wastes not otherwise specified

07 06

wastes from the MFSU of fats, grease, soaps, detergents, disinfectants and cosmetics

07 06 01 *

aqueous washing liquids and mother liquors

07 06 03 *

organic halogenated solvents, washing liquids and mother liquors

07 06 04 *

other organic solvents, washing liquids and mother liquors

07 06 07 *

halogenated still bottoms and reaction residues

07 06 08 *

other still bottoms and reaction residues

07 06 09 *

halogenated filter cakes and spent absorbents

07 06 10 *

other filter cakes and spent absorbents

07 06 11 *

sludges from on-site effluent treatment containing dangerous substances

07 06 12

sludges from on-site effluent treatment other than those mentioned in 07 06 11

07 06 99

wastes not otherwise specified

07 07

wastes from the MFSU of fine chemicals and chemical products not otherwise specified

07 07 01 *

aqueous washing liquids and mother liquors

07 07 03 *

organic halogenated solvents, washing liquids and mother liquors

07 07 04 *

other organic solvents, washing liquids and mother liquors

07 07 07 *

halogenated still bottoms and reaction residues

07 07 08 *

other still bottoms and reaction residues

07 07 09 *

halogenated filter cakes and spent absorbents

07 07 10 *

other filter cakes and spent absorbents

07 07 11 *

sludges from on-site effluent treatment containing dangerous substances

07 07 12

sludges from on-site effluent treatment other than those mentioned in 07 07 11

07 07 99

wastes not otherwise specified

08

WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS

08 01

wastes from MFSU and removal of paint and varnish

08 01 11 *

waste paint and varnish containing organic solvents or other dangerous substances

08 01 12

waste paint and varnish other than those mentioned in 08 01 11

08 01 13 *

sludges from paint or varnish containing organic solvents or other dangerous substances

08 01 14

sludges from paint or varnish other than those mentioned in 08 01 13

08 01 15 *

aqueous sludges containing paint or varnish containing organic solvents or other dangerous substances

08 01 16

aqueous sludges containing paint or varnish other than those mentioned in 08 01 15

08 01 17 *

wastes from paint or varnish removal containing organic solvents or other dangerous substances

08 01 18

wastes from paint or varnish removal other than those mentioned in 08 01 17

08 01 19 *

aqueous suspensions containing paint or varnish containing organic solvents or other dangerous substances

08 01 20

aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19

08 01 21 *

waste paint or varnish remover

08 01 99

wastes not otherwise specified

08 02

wastes from MFSU of other coatings (including ceramic materials)

08 02 01

waste coating powders

08 02 02

aqueous sludges containing ceramic materials

08 02 03

aqueous suspensions containing ceramic materials

08 02 99

wastes not otherwise specified

08 03

wastes from MFSU of printing inks

08 03 07

aqueous sludges containing ink

08 03 08

aqueous liquid waste containing ink

08 03 12 *

waste ink containing dangerous substances

08 03 13

waste ink other than those mentioned in 08 03 12

08 03 14 *

ink sludges containing dangerous substances

08 03 15

ink sludges other than those mentioned in 08 03 14

08 03 16 *

waste etching solutions

08 03 17 *

waste printing toner containing dangerous substances

08 03 18

waste printing toner other than those mentioned in 08 03 17

08 03 19 *

disperse oil

08 03 99

wastes not otherwise specified

08 04

wastes from MFSU of adhesives and sealants (including waterproofing products)

08 04 09 *

waste adhesives and sealants containing organic solvents or other dangerous substances

08 04 10

waste adhesives and sealants other than those mentioned in 08 04 09

08 04 11 *

adhesive and sealant sludges containing organic solvents or other dangerous substances

08 04 12

adhesive and sealant sludges other than those mentioned in 08 04 11

08 04 13 *

aqueous sludges containing adhesives or sealants containing organic solvents or other dangerous substances

08 04 14

aqueous sludges containing adhesives or sealants other than those mentioned in 08 04 13

08 04 15 *

aqueous liquid waste containing adhesives or sealants containing organic solvents or other dangerous substances

08 04 16

aqueous liquid waste containing adhesives or sealants other than those mentioned in 08 04 15

08 04 17 *

rosin oil

08 04 99

wastes not otherwise specified

08 05

wastes not otherwise specified in 08

08 05 01 *

waste isocyanates

09

WASTES FROM THE PHOTOGRAPHIC INDUSTRY

09 01

wastes from the photographic industry

09 01 01 *

water-based developer and activator solutions

09 01 02 *

water-based offset plate developer solutions

09 01 03 *

solvent-based developer solutions

09 01 04 *

fixer solutions

09 01 05 *

bleach solutions and bleach fixer solutions

09 01 06 *

wastes containing silver from on-site treatment of photographic wastes

09 01 07

photographic film and paper containing silver or silver compounds

09 01 08

photographic film and paper free of silver or silver compounds

09 01 10

single-use cameras without batteries

09 01 11 *

single-use cameras containing batteries included in 16 06 01, 16 06 02 or 16 06 03

09 01 12

single-use cameras containing batteries other than those mentioned in 09 01 11

09 01 13 *

aqueous liquid waste from on-site reclamation of silver other than those mentioned in 09 01 06

09 01 99

wastes not otherwise specified

10

WASTES FROM THERMAL PROCESSES

10 01

wastes from power stations and other combustion plants (except 19)

10 01 01

bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04)

10 01 02

coal fly ash

10 01 03

fly ash from peat and untreated wood

10 01 04 *

oil fly ash and -boiler dust

10 01 05

calcium-based reaction wastes from flue-gas desulphurisation in solid form

10 01 07

calcium-based reaction wastes from flue-gas desulphurisation in sludge form

10 01 09 *

sulphuric acid

10 01 13 *

fly ash from emulsified hydrocarbons used as fuel

10 01 14 *

bottom ash, slag and boiler dust from co-incineration containing dangerous substances

10 01 15

bottom ash, slag and boiler dust from co-incineration other than those mentioned in 10 01 14

10 01 16 *

fly ash from co-incineration containing dangerous substances

10 01 17

fly ash from co-incineration other than those mentioned in 10 01 16

10 01 18 *

wastes from gas cleaning containing dangerous substances

10 01 19

wastes from gas cleaning other than those mentioned in 10 01 05, 10 01 07 and 10 01 18

10 01 20 *

sludges from on-site effluent treatment containing dangerous substances

10 01 21

sludges from on-site effluent treatment other than those mentioned in 10 01 20

10 01 22 *

aqueous sludges from boiler cleansing containing dangerous substances

10 01 23

aqueous sludges from boiler cleansing other than those mentioned in 10 01 22

10 01 24

sands from fluidised beds

10 01 25

wastes from fuel storage and preparation of coal-fired power plants

10 01 26

wastes from cooling-water treatment

10 01 99

wastes not otherwise specified

10 02

wastes from the iron and steel industry

10 02 01

wastes from the processing of slag

10 02 02

unprocessed slag

10 02 07 *

solid wastes from gas treatment containing dangerous substances

10 02 08

solid wastes from gas treatment other than those mentioned in 10 02 07

10 02 10

mill scales

10 02 11 *

wastes from cooling-water treatment containing oil

10 02 12

wastes from cooling-water treatment other than those mentioned in 10 02 11

10 02 13 *

sludges and filter cakes from gas treatment containing dangerous substances

10 02 14

sludges and filter cakes from gas treatment other than those mentioned in 10 02 13

10 02 15

other sludges and filter cakes

10 02 99

wastes not otherwise specified

10 03

wastes from aluminium thermal metallurgy

10 03 02

anode scraps

10 03 04 *

primary production slags

10 03 05

waste alumina

10 03 08 *

salt slags from secondary production

10 03 09 *

black drosses from secondary production

10 03 15 *

skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities

10 03 16

skimmings other than those mentioned in 10 03 15

10 03 17 *

tar-containing wastes from anode manufacture

10 03 18

carbon-containing wastes from anode manufacture other than those mentioned in 10 03 17

10 03 19 *

flue-gas dust containing dangerous substances

10 03 20

flue-gas dust other than those mentioned in 10 03 19

10 03 21 *

other particulates and dust (including ball-mill dust) containing dangerous substances

10 03 22

other particulates and dust (including ball-mill dust) other than those mentioned in 10 03 21

10 03 23 *

solid wastes from gas treatment containing dangerous substances

10 03 24

solid wastes from gas treatment other than those mentioned in 10 03 23

10 03 25 *

sludges and filter cakes from gas treatment containing dangerous substances

10 03 26

sludges and filter cakes from gas treatment other than those mentioned in 10 03 25

10 03 27 *

wastes from cooling-water treatment containing oil

10 03 28

wastes from cooling-water treatment other than those mentioned in 10 03 27

10 03 29 *

wastes from treatment of salt slags and black drosses containing dangerous substances

10 03 30

wastes from treatment of salt slags and black drosses other than those mentioned in 10 03 29

10 03 99

wastes not otherwise specified

10 04

wastes from lead thermal metallurgy

10 04 01 *

slags from primary and secondary production

10 04 02 *

dross and skimmings from primary and secondary production

10 04 03 *

calcium arsenate

10 04 04 *

flue-gas dust

10 04 05 *

other particulates and dust

10 04 06 *

solid wastes from gas treatment

10 04 07 *

sludges and filter cakes from gas treatment

10 04 09 *

wastes from cooling-water treatment containing oil

10 04 10

wastes from cooling-water treatment other than those mentioned in 10 04 09

10 04 99

wastes not otherwise specified

10 05

wastes from zinc thermal metallurgy

10 05 01

slags from primary and secondary production

10 05 03 *

flue-gas dust

10 05 04

other particulates and dust

10 05 05 *

solid waste from gas treatment

10 05 06 *

sludges and filter cakes from gas treatment

10 05 08 *

wastes from cooling-water treatment containing oil

10 05 09

wastes from cooling-water treatment other than those mentioned in 10 05 08

10 05 10 *

dross and skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities

10 05 11

dross and skimmings other than those mentioned in 10 05 10

10 05 99

wastes not otherwise specified

10 06

wastes from copper thermal metallurgy

10 06 01

slags from primary and secondary production

10 06 02

dross and skimmings from primary and secondary production

10 06 03 *

flue-gas dust

10 06 04

other particulates and dust

10 06 06 *

solid wastes from gas treatment

10 06 07 *

sludges and filter cakes from gas treatment

10 06 09 *

wastes from cooling-water treatment containing oil

10 06 10

wastes from cooling-water treatment other than those mentioned in 10 06 09

10 06 99

wastes not otherwise specified

10 07

wastes from silver, gold and platinum thermal metallurgy

10 07 01

slags from primary and secondary production

10 07 02

dross and skimmings from primary and secondary production

10 07 03

solid wastes from gas treatment

10 07 04

other particulates and dust

10 07 05

sludges and filter cakes from gas treatment

10 07 07 *

wastes from cooling-water treatment containing oil

10 07 08

wastes from cooling-water treatment other than those mentioned in 10 07 07

10 07 99

wastes not otherwise specified

10 08

wastes from other non-ferrous thermal metallurgy

10 08 04

particulates and dust

10 08 08 *

salt slag from primary and secondary production

10 08 09

other slags

10 08 10 *

dross and skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quantities

10 08 11

dross and skimmings other than those mentioned in 10 08 10

10 08 12 *

tar-containing wastes from anode manufacture

10 08 13

carbon-containing wastes from anode manufacture other than those mentioned in 10 08 12

10 08 14

anode scrap

10 08 15 *

flue-gas dust containing dangerous substances

10 08 16

flue-gas dust other than those mentioned in 10 08 15

10 08 17 *

sludges and filter cakes from flue-gas treatment containing dangerous substances

10 08 18

sludges and filter cakes from flue-gas treatment other than those mentioned in 10 08 17

10 08 19 *

wastes from cooling-water treatment containing oil

10 08 20

wastes from cooling-water treatment other than those mentioned in 10 08 19

10 08 99

wastes not otherwise specified

10 09

wastes from casting of ferrous pieces

10 09 03

furnace slag

10 09 05 *

casting cores and moulds which have not undergone pouring containing dangerous substances

10 09 06

casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05

10 09 07 *

casting cores and moulds which have undergone pouring containing dangerous substances

10 09 08

casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07

10 09 09 *

flue-gas dust containing dangerous substances

10 09 10

flue-gas dust other than those mentioned in 10 09 09

10 09 11 *

other particulates containing dangerous substances

10 09 12

other particulates other than those mentioned in 10 09 11

10 09 13 *

waste binders containing dangerous substances

10 09 14

waste binders other than those mentioned in 10 09 13

10 09 15 *

waste crack-indicating agent containing dangerous substances

10 09 16

waste crack-indicating agent other than those mentioned in 10 09 15

10 09 99

wastes not otherwise specified

10 10

wastes from casting of non-ferrous pieces

10 10 03

furnace slag

10 10 05 *

casting cores and moulds which have not undergone pouring containing dangerous substances

10 10 06

casting cores and moulds which have not undergone pouring other than those mentioned in 10 10 05

10 10 07 *

casting cores and moulds which have undergone pouring containing dangerous substances

10 10 08

casting cores and moulds which have undergone pouring other than those mentioned in 10 10 07

10 10 09 *

flue-gas dust containing dangerous substances

10 10 10

flue-gas dust other than those mentioned in 10 10 09

10 10 11 *

other particulates containing dangerous substances

10 10 12

other particulates other than those mentioned in 10 10 11

10 10 13 *

waste binders containing dangerous substances

10 10 14

waste binders other than those mentioned in 10 10 13

10 10 15 *

waste crack-indicating agent containing dangerous substances

10 10 16

waste crack-indicating agent other than those mentioned in 10 10 15

10 10 99

wastes not otherwise specified

10 11

wastes from manufacture of glass and glass products

10 11 03

waste glass-based fibrous materials

10 11 05

particulates and dust

10 11 09 *

waste preparation mixture before thermal processing containing dangerous substances

10 11 10

waste preparation mixture before thermal processing other than those mentioned in 10 11 09

10 11 11 *

waste glass in small particles and glass powder containing heavy metals (e.g. from cathode ray tubes)

10 11 12

waste glass other than those mentioned in 10 11 11

10 11 13 *

glass-polishing and -grinding sludge containing dangerous substances

10 11 14

glass-polishing and -grinding sludge other than those mentioned in 10 11 13

10 11 15 *

solid wastes from flue-gas treatment containing dangerous substances

10 11 16

solid wastes from flue-gas treatment other than those mentioned in 10 11 15

10 11 17 *

sludges and filter cakes from flue-gas treatment containing dangerous substances

10 11 18

sludges and filter cakes from flue-gas treatment other than those mentioned in 10 11 17

10 11 19 *

solid wastes from on-site effluent treatment containing dangerous substances

10 11 20

solid wastes from on-site effluent treatment other than those mentioned in 10 11 19

10 11 99

wastes not otherwise specified

10 12

wastes from manufacture of ceramic goods, bricks, tiles and construction products

10 12 01

waste preparation mixture before thermal processing

10 12 03

particulates and dust

10 12 05

sludges and filter cakes from gas treatment

10 12 06

discarded molds

10 12 08

waste ceramics, bricks, tiles and construction products (after thermal processing)

10 12 09 *

solid wastes from gas treatment containing dangerous substances

10 12 10

solid wastes from gas treatment other than those mentioned in 10 12 09

10 12 11 *

wastes from glazing containing heavy metals

10 12 12

wastes from glazing other than those mentioned in 10 12 11

10 12 13

sludge from on-site effluent treatment

10 12 99

wastes not otherwise specified

10 13

wastes from manufacture of cement, lime and plaster and articles and products made from them

10 13 01

waste preparation mixture before thermal processing

10 13 04

wastes from calcination and hydration of lime

10 13 06

particulates and dust (except 10 13 12 and 10 13 13)

10 13 07

sludges and filter cakes from gas treatment

10 13 09 *

wastes from asbestos-cement manufacture containing asbestos

10 13 10

wastes from asbestos-cement manufacture other than those mentioned in 10 13 09

10 13 11

wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10

10 13 12 *

solid wastes from gas treatment containing dangerous substances

10 13 13

solid wastes from gas treatment other than those mentioned in 10 13 12

10 13 14

waste concrete and concrete sludge

10 13 99

wastes not otherwise specified

10 14

waste from crematoria

10 14 01 *

waste from gas cleaning containing mercury

11

WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER MATERIALS; NON-FERROUS HYDRO-METALLURGY

11 01

wastes from chemical surface treatment and coating of metals and other materials (e.g. galvanic processes, zinc coating processes, pickling processes, etching, phosphatiing, alkaline degreasing, anodising)

11 01 05 *

pickling acids

11 01 06 *

acids not otherwise specified

11 01 07 *

pickling bases

11 01 08 *

phosphatising sludges

11 01 09 *

sludges and filter cakes containing dangerous substances

11 01 10

sludges and filter cakes other than those mentioned in 11 01 09

11 01 11 *

aqueous rinsing liquids containing dangerous substances

11 01 12

aqueous rinsing liquids other than those mentioned in 11 01 11

11 01 13 *

degreasing wastes containing dangerous substances

11 01 14

degreasing wastes other than those mentioned in 11 01 13

11 01 15 *

eluate and sludges from membrane systems or ion exchange systems containing dangerous substances

11 01 16 *

saturated or spent ion exchange resins

11 01 98 *

other wastes containing dangerous substances

11 01 99

wastes not otherwise specified

11 02

wastes from non-ferrous hydrometallurgical processes

11 02 02 *

sludges from zinc hydrometallurgy (incl. Jarosite, goethite)

11 02 03

wastes from the production of anodes for aqueous electrolytical processes

11 02 05 *

wastes from copper hydrometallurgical processes containing dangerous substances

11 02 06

wastes from copper hydrometallurgical processes other than those mentioned in 11 02 05

11 02 07 *

other wastes containing dangerous substances

11 02 99

wastes not otherwise specified

11 03

sludges and solids from tempering processes

11 03 01 *

wastes containing cyanide

11 03 02 *

other wastes

11 05

wastes from hot galvanising processes

11 05 01

hard zinc

11 05 02

zinc ash

11 05 03 *

solid wastes from gas treatment

11 05 04 *

spent flux

11 05 99

wastes not otherwise specified

12

WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS AND PLASTICS

12 01

wastes from shaping and physical and mechanical surface treatment of metals and plastics

12 01 01

ferrous metal filings and turnings

12 01 02

ferrous metal dust and particles

12 01 03

non-ferrous metal filings and turnings

12 01 04

non-ferrous metal dust and particles

12 01 05

plastics shavings and turnings

12 01 06 *

mineral-based machining oils containing halogens (except emulsions and solutions)

12 01 07 *

mineral-based machining oils free of halogens (except emulsions and solutions)

12 01 08 *

machining emulsions and solutions containing halogens

12 01 09 *

machining emulsions and solutions free of halogens

12 01 10 *

synthetic machining oils

12 01 12 *

spent waxes and fats

12 01 13

welding wastes

12 01 14 *

machining sludges containing dangerous substances

12 01 15

machining sludges other than those mentioned in 12 01 14

12 01 16 *

waste blasting material containing dangerous substances

12 01 17

waste blasting material other than those mentioned in 12 01 16

12 01 18 *

metal sludge (grinding, honing and lapping sludge) containing oil

12 01 19 *

readily biodegradable machining oil

12 01 20 *

spent grinding bodies and grinding materials containing dangerous substances

12 01 21

spent grinding bodies and grinding materials other than those mentioned in 12 01 20

12 01 99

wastes not otherwise specified

12 03

wastes from water and steam degreasing processes (except 11)

12 03 01 *

aqueous washing liquids

12 03 02 *

steam degreasing wastes

13

OIL WASTES AND WASTES OF LIQUID FUELS (except edible oils, and those in chapters 05, 12 and 19)

13 01

waste hydraulic oils

13 01 01*

hydraulic oils, containing PCBs (16)

13 01 04 *

chlorinated emulsions

13 01 05 *

non-chlorinated emulsions

13 01 09 *

mineral-based chlorinated hydraulic oils

13 01 10 *

mineral based non-chlorinated hydraulic oils

13 01 11 *

synthetic hydraulic oils

13 01 12 *

readily biodegradable hydraulic oils

13 01 13 *

other hydraulic oils

13 02

waste engine, gear and lubricating oils

13 02 04 *

mineral-based chlorinated engine, gear and lubricating oils

13 02 05 *

mineral-based non-chlorinated engine, gear and lubricating oils

13 02 06 *

synthetic engine, gear and lubricating oils

13 02 07 *

readily biodegradable engine, gear and lubricating oils

13 02 08 *

other engine, gear and lubricating oils

13 03

waste insulating and heat transmission oils

13 03 01 *

insulating or heat transmission oils containing PCBs

13 03 06 *

mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01

13 03 07 *

mineral-based non-chlorinated insulating and heat transmission oils

13 03 08 *

synthetic insulating and heat transmission oils

13 03 09 *

readily biodegradable insulating and heat transmission oils

13 03 10 *

other insulating and heat transmission oils

13 04

bilge oils

13 04 01 *

bilge oils from inland navigation

13 04 02 *

bilge oils from jetty sewers

13 04 03 *

bilge oils from other navigation

13 05

oil/water separator contents

13 05 01 *

solids from grit chambers and oil/water separators

13 05 02 *

sludges from oil/water separators

13 05 03 *

interceptor sludges

13 05 06 *

oil from oil/water separators

13 05 07 *

oily water from oil/water separators

13 05 08 *

mixtures of wastes from grit chambers and oil/water separators

13 07

wastes of liquid fuels

13 07 01 *

fuel oil and diesel

13 07 02 *

petrol

13 07 03 *

other fuels (including mixtures)

13 08

oil wastes not otherwise specified

13 08 01 *

desalter sludges or emulsions

13 08 02 *

other emulsions

13 08 99 *

wastes not otherwise specified

14

WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (EXCEPT 07 AND 08)

14 06

waste organic solvents, refrigerants and foam/aerosol propellants

14 06 01 *

chlorofluorocarbons, HCFC, HFC

14 06 02 *

other halogenated solvents and solvent mixtures

14 06 03 *

other solvents and solvent mixtures

14 06 04 *

sludges or solid wastes containing halogenated solvents

14 06 05 *

sludges or solid wastes containing other solvents

15

WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTECTIVE CLOTHING NOT OTHERWISE SPECIFIED

15 01

packaging (including separately collected municipal packaging waste)

15 01 01

paper and cardboard packaging

15 01 02

plastic packaging

15 01 03

wooden packaging

15 01 04

metallic packaging

15 01 05

composite packaging

15 01 06

mixed packaging

15 01 07

glass packaging

15 01 09

textile packaging

15 01 10 *

packaging containing residues of or contaminated by dangerous substances

15 01 11 *

metallic packaging containing a dangerous solid porous matrix (e.g. asbestos), including empty pressure containers

15 02

absorbents, filter materials, wiping cloths and protective clothing

15 02 02 *

absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by dangerous substances

15 02 03

absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 15 02 02

16

WASTES NOT OTHERWISE SPECIFIED IN THE LIST

16 01

end-of-life vehicles from different means of transport (including off-road machinery
  , vessels and aircraft
  ) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)

16 01 03

end-of-life tyres

16 01 04 *

end-of-life vehicles

16 01 04 * a

vessels and other floating structures for breaking up, not properly emptied of any cargo and other materials contained in the vessel which may have been classified as a dangerous substance or waste

16 01 06

end-of-life vehicles, containing neither liquids nor other hazardous components

16 01 06 a

vessels and other floating structures for breaking up, properly emptied of any cargo and other materials contained in the vessel which may have been classified as a dangerous substance or waste

16 01 07 *

oil filters

16 01 08 *

components containing mercury

16 01 09 *

components containing PCBs

16 01 10 *

explosive components (e.g. air bags)

16 01 11 *

brake pads containing asbestos

16 01 12

brake pads other than those mentioned in 16 01 11

16 01 13 *

brake fluids

16 01 14 *

antifreeze fluids containing dangerous substances

16 01 15

antifreeze fluids other than those mentioned in 16 01 14

16 01 16

tanks for liquefied gas

16 01 17

ferrous metal

16 01 18

non-ferrous metal

16 01 19

plastic

16 01 20

glass

16 01 21 *

hazardous components other than those mentioned in 16 01 07 to 16 01 11 and 16 01 13 and 16 01 14

16 01 22

components not otherwise specified

16 01 99

wastes not otherwise specified

16 02

wastes from electrical and electronic equipment

16 02 09 *

transformers and capacitors containing PCBs

16 02 10 *

discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09

16 02 11 *

discarded equipment containing chlorofluorocarbons, HCFC, HFC

16 02 12 *

discarded equipment containing free asbestos

16 02 13 *

discarded equipment containing hazardous components (17) other than those mentioned in 16 02 09 to 16 02 12

16 02 14

discarded equipment other than those mentioned in 16 02 09 to 16 02 13

16 02 15 *

hazardous components removed from discarded equipment

16 02 16

components removed from discarded equipment other than those mentioned in 16 02 15

16 03

off-specification batches and unused products

16 03 03 *

inorganic wastes containing dangerous substances

16 03 04

inorganic wastes other than those mentioned in 16 03 03

16 03 05 *

organic wastes containing dangerous substances

16 03 06

organic wastes other than those mentioned in 16 03 05

16 04

waste explosives

16 04 01 *

waste ammunition

16 04 02 *

fireworks wastes

16 04 03 *

other waste explosives

16 05

gases in pressure containers and discarded chemicals

16 05 04 *

gases in pressure containers (including halons) containing dangerous substances

16 05 05

gases in pressure containers other than those mentioned in 16 05 04

16 05 06 *

laboratory chemicals consisting of or containing dangerous substances including mixtures of laboratory chemicals

16 05 07 *

discarded inorganic chemicals consisting of or containing dangerous substances

16 05 08 *

discarded organic chemicals consisting of or containing dangerous substances

16 05 09

discarded chemicals other than those mentioned in 16 05 06, 16 05 07 or 16 05 08

16 06

batteries and accumulators

16 06 01 *

lead batteries

16 06 02 *

Ni-Cd batteries

16 06 03 *

mercury- containing batteries

16 06 04

alkaline batteries (except 16 06 03)

16 06 05

other batteries and accumulators

16 06 06 *

separately collected electrolyte from batteries and accumulators

16 07

wastes from transport tank, storage tank and barrel cleaning (except 05 and 13)

16 07 08 *

wastes containing oil

16 07 09 *

wastes containing other dangerous substances

16 07 99

wastes not otherwise specified

16 08

spent catalysts

16 08 01

spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07)

16 08 02 *

spent catalysts containing dangerous transition metals (18) or dangerous transition metal compounds

16 08 03

spent catalysts containing transition metals or transition metal compounds not otherwise specified

16 08 04

spent fluid catalytic cracking catalysts (except 16 08 07)

16 08 05 *

spent catalysts containing phosphoric acid

16 08 06 *

spent liquids used as catalysts

16 08 07 *

spent catalysts contaminated with dangerous substances

16 09

oxidising substances

16 09 01 *

permanganates, e.g. potassium permanganate

16 09 02 *

chromates, e.g. potassium chromate, potassium or sodium dichromate

16 09 03 *

peroxides, e.g. hydrogen peroxide

16 09 04 *

oxidising substances, not otherwise specified

16 10

aqueous liquid wastes destined for off-site treatment

16 10 01 *

aqueous liquid wastes containing dangerous substances

16 10 02

aqueous liquid wastes other than those mentioned in 16 10 01

16 10 03 *

aqueous concentrates containing dangerous substances

16 10 04

aqueous concentrates other than those mentioned in 16 10 03

16 11

waste linings and refractories

16 11 01 *

carbon-based linings and refractories from metallurgical processes containing dangerous substances

16 11 02

carbon-based linings and refractories from metallurgical processes others than those mentioned in 16 11 01

16 11 03 *

other linings and refractories from metallurgical processes containing dangerous substances

16 11 04

other linings and refractories from metallurgical processes other than those mentioned in 16 11 03

16 11 05 *

linings and refractories from non-metallurgical processes containing dangerous substances

16 11 06

linings and refractories from non-metallurgical processes others than those mentioned in 16 11 05

17

CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES)

17 01

concrete, bricks, tiles and ceramics

17 01 01

concrete

17 01 02

bricks

17 01 03

tiles and ceramics

17 01 06 *

mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing dangerous substances

17 01 07

mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06

17 02

wood, glass and plastic

17 02 01

wood

17 02 02

glass

17 02 03

plastic

17 02 04 *

glass, plastic and wood containing or contaminated with dangerous substances

17 03

bituminous mixtures, coal tar and tarred products

17 03 01 *

bituminous mixtures containing coal tar

17 03 02

bituminous mixtures other than those mentioned in 17 03 01

17 03 03 *

coal tar and tarred products

17 04

metals (including their alloys)

17 04 01

copper, bronze, brass

17 04 02

aluminium

17 04 03

lead

17 04 04

zinc

17 04 05

iron and steel

17 04 06

tin

17 04 07

mixed metals

17 04 09 *

metal waste contaminated with dangerous substances

17 04 10 *

cables containing oil, coal tar and other dangerous substances

17 04 11

cables other than those mentioned in 17 04 10

17 05

soil (including excavated soil from contaminated sites), stones and dredging spoil

17 05 03 *

soil and stones containing dangerous substances

17 05 04

soil and stones other than those mentioned in 17 05 03

17 05 05 *

dredging spoil containing dangerous substances

17 05 06

dredging spoil other than those mentioned in 17 05 05

17 05 07 *

track ballast containing dangerous substances

17 05 08

track ballast other than those mentioned in 17 05 07

17 06

insulation materials and asbestos-containing construction materials

17 06 01 *

insulation materials containing asbestos

17 06 03 *

other insulation materials consisting of or containing dangerous substances

17 06 04

insulation materials other than those mentioned in 17 06 01 and 17 06 03

17 06 05 *

construction materials containing asbestos

17 08

gypsum-based construction material

17 08 01 *

gypsum-based construction materials contaminated with dangerous substances

17 08 02

gypsum-based construction materials other than those mentioned in 17 08 01

17 09

other construction and demolition wastes

17 09 01 *

construction and demolition wastes containing mercury

17 09 02 *

construction and demolition wastes containing PCB (e.g. PCB-containing sealants, PCB-containing resin-based floorings, PCB-containing sealed glazing units, PCB-containing capacitors)

17 09 03 *

other construction and demolition wastes (including mixed wastes) containing dangerous substances

17 09 04

mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02 and 17 09 03

18

WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCEPT KITCHEN AND RESTAURANT WASTES NOT ARISING FROM IMMEDIATE HEALTH CARE)

18 01

wastes from natal care, diagnosis, treatment or prevention of disease in humans

18 01 01

sharps (except 18 01 03)

18 01 02

body parts and organs including blood bags and blood preserves (except 18 01 03)

18 01 03 *

wastes whose collection and disposal is subject to special requirements in order to prevent infection

18 01 04

wastes whose collection and disposal is not subject to special requirements in order to prevent infection (e.g. dressings, plaster casts, linen, disposable clothing, diapers)

18 01 06 *

chemicals consisting of or containing dangerous substances

18 01 07

chemicals other than those mentioned in 18 01 06

18 01 08 *

cytotoxic and cytostatic medicines

18 01 09

medicines other than those mentioned in 18 01 08

18 01 10 *

amalgam waste from dental care

18 02

wastes from research, diagnosis, treatment or prevention of disease involving animals

18 02 01

sharps (except 18 02 02)

18 02 02 *

wastes whose collection and disposal is subject to special requirements in order to prevent infection

18 02 03

wastes whose collection and disposal is not subject to special requirements in order to prevent infection

18 02 05 *

chemicals consisting of or containing dangerous substances

18 02 06

chemicals other than those mentioned in 18 02 05

18 02 07 *

cytotoxic and cytostatic medicines

18 02 08

medicines other than those mentioned in 18 02 07

19

WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND WATER FOR INDUSTRIAL USE

19 01

wastes from incineration or pyrolysis of waste

19 01 02

ferrous materials removed from bottom ash

19 01 05 *

filter cake from gas treatment

19 01 06 *

aqueous liquid wastes from gas treatment and other aqueous liquid wastes

19 01 07 *

solid wastes from gas treatment

19 01 10 *

spent activated carbon from flue-gas treatment

19 01 11 *

bottom ash and slag containing dangerous substances

19 01 12

bottom ash and slag other than those mentioned in 19 01 11

19 01 13 *

fly ash containing dangerous substances

19 01 14

fly ash other than those mentioned in 19 01 13

19 01 15 *

boiler dust containing dangerous substances

19 01 16

boiler dust other than those mentioned in 19 01 15

19 01 17*

pyrolysis wastes containing dangerous substances

19 01 18

pyrolysis wastes other than those mentioned in 19 01 17

19 01 19

sands from fluidised beds

19 01 99

wastes not otherwise specified

19 02

wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisation)

19 02 03

premixed wastes composed only of non hazardous wastes

19 02 04 *

premixed wastes composed of at least one hazardous waste

19 02 05 *

sludges from physico/chemical treatment containing dangerous substances

19 02 06

sludges from physico/chemical treatment other than those mentioned in 19 02 05

19 02 07 *

oil and concentrates from separation

19 02 08 *

liquid combustible wastes containing dangerous substances

19 02 09 *

solid combustible wastes containing dangerous substances

19 02 10

combustible wastes other than those mentioned in 19 02 08 and 19 02 09

19 02 11 *

other wastes containing dangerous substances

19 02 99

wastes not otherwise specified

19 03

stabilised/solidified wastes (19)

19 03 04 *

wastes marked as hazardous, partly (20) stabilised

19 03 05

stabilised wastes other than those mentioned in 19 03 04

19 03 06 *

wastes marked as hazardous, solidified

19 03 07

solidified wastes other than those mentioned in 19 03 06

19 04

vitrified waste and wastes from vitrification

19 04 01

vitrified waste

19 04 02 *

fly ash and other flue-gas treatment wastes

19 04 03 *

non-vitrified solid phase

19 04 04

aqueous liquid wastes from vitrified waste tempering

19 05

wastes from aerobic treatment of solid wastes

19 05 01

non-composted fraction of municipal and similar wastes

19 05 02

non-composted fraction of animal and vegetable waste

19 05 03

off-specification compost

19 05 99

wastes not otherwise specified

19 06

wastes from anaerobic treatment of waste

19 06 03

liquor from anaerobic treatment of municipal waste

19 06 04

digestate from anaerobic treatment of municipal waste

19 06 05

liquor from anaerobic treatment of animal and vegetable waste

19 06 06

digestate from anaerobic treatment of animal and vegetable waste

19 06 99

wastes not otherwise specified

19 07

landfill leachate

19 07 02 *

landfill leachate containing dangerous substances

19 07 03

landfill leachate other than those mentioned in 19 07 02

19 08

wastes from waste water treatment plants not otherwise specified

19 08 01

screenings

19 08 02

waste from desanding

19 08 05

sludges from treatment of urban waste water

19 08 06 *

saturated or spent ion exchange resins

19 08 07 *

solutions and sludges from regeneration of ion exchangers

19 08 08 *

membrane system waste containing heavy metals

19 08 09

grease and oil mixture from oil/water separation containing only edible oil and fats

19 08 10 *

grease and oil mixture from oil/water separation other than those mentioned in 19 08 09

19 08 11 *

sludges containing dangerous substances from biological treatment of industrial waste water

19 08 12

sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11

19 08 13 *

sludges containing dangerous substances from other treatment of industrial waste water

19 08 14

sludges from other treatment of industrial waste water other than those mentioned in 19 08 13

19 08 99

wastes not otherwise specified

19 09

wastes from the preparation of water intended for human consumption or water for industrial use

19 09 01

solid waste from primary filtration and screenings

19 09 02

sludges from water clarification

19 09 03

sludges from decarbonation

19 09 04

spent activated carbon

19 09 05

saturated or spent ion exchange resins

19 09 06

solutions and sludges from regeneration of ion exchangers

19 09 99

wastes not otherwise specified

19 10

wastes from shredding of metal-containing wastes

19 10 01

iron and steel waste

19 10 02

non-ferrous waste

19 10 03 *

fluff-light fraction and dust containing dangerous substances

19 10 04

fluff-light fraction and dust other than those mentioned in 19 10 03

19 10 05 *

other fractions containing dangerous substances

19 10 06

other fractions other than those mentioned in 19 10 05

19 11

wastes from oil regeneration

19 11 01 *

spent filter clays

19 11 02 *

acid tars

19 11 03 *

aqueous liquid wastes

19 11 04 *

wastes from cleaning of fuel with bases

19 11 05 *

sludges from on-site effluent treatment containing dangerous substances

19 11 06

sludges from on-site effluent treatment other than those mentioned in 19 11 05

19 11 07 *

wastes from flue-gas cleaning

19 11 99

wastes not otherwise specified

19 12

wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, pelletising) not otherwise specified

19 12 01

paper and cardboard

19 12 02

ferrous metal

19 12 03

non-ferrous metal

19 12 04

plastic and rubber

19 12 05

glass

19 12 06 *

wood containing dangerous substances

19 12 07

wood other than that mentioned in 19 12 06

19 12 08

textiles

19 12 09

minerals (e.g. sand, stones)

19 12 10

combustible waste (refuse derived fuel)

19 12 11 *

other wastes (including mixtures of materials) from mechanical treatment of waste containing dangerous substances

19 12 12

other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11

19 13

wastes from soil and groundwater remediation

19 13 01 *

solid wastes from soil remediation containing dangerous substances

19 13 02

solid wastes from soil remediation other than those mentioned in 19 13 01

19 13 03 *

sludges from soil remediation containing dangerous substances

19 13 04

sludges from soil remediation other than those mentioned in 19 13 03

19 13 05 *

sludges from groundwater remediation containing dangerous substances

19 13 06

sludges from groundwater remediation other than those mentioned in 19 13 05

19 13 07 *

aqueous liquid wastes and aqueous concentrates from groundwater remediation containing dangerous substances

19 13 08

aqueous liquid wastes and aqueous concentrates from groundwater remediation other than those mentioned in 19 13 07

20

MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS

20 01

separately collected fractions (except 15 01)

20 01 01

paper and cardboard

20 01 02

glass

20 01 08

biodegradable kitchen and canteen waste

20 01 10

clothes

20 01 11

textiles

20 01 13 *

solvents

20 01 14 *

acids

20 01 15 *

alkalines

20 01 17 *

photochemicals

20 01 19 *

pesticides

20 01 21 *

fluorescent tubes and other mercury-containing waste

20 01 23 *

discarded equipment containing chlorofluorocarbons

20 01 25

edible oil and fat

20 01 26 *

oil and fat other than those mentioned in 20 01 25

20 01 27 *

paint, inks, adhesives and resins containing dangerous substances

20 01 28

paint, inks, adhesives and resins other than those mentioned in 20 01 27

20 01 29 *

detergents containing dangerous substances

20 01 30

detergents other than those mentioned in 20 01 29

20 01 31 *

cytotoxic and cytostatic medicines

20 01 32

medicines other than those mentioned in 20 01 31

20 01 33 *

batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries

20 01 34

batteries and accumulators other than those mentioned in 20 01 33

20 01 35 *

discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components (21)

20 01 36

discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and 20 01 35

20 01 37 *

wood containing dangerous substances

20 01 38

wood other than that mentioned in 20 01 37

20 01 39

plastics

20 01 40

metals

20 01 41

wastes from chimney sweeping

20 01 99

other fractions not otherwise specified

20 02

garden and park wastes (including cemetery waste)

20 02 01

biodegradable waste

20 02 02

soil and stones

20 02 03

other non-biodegradable wastes

20 03

other municipal wastes

20 03 01

mixed municipal waste

20 03 02

waste from markets

20 03 03

street-cleaning residues

20 03 04

septic tank sludge

20 03 06

waste from sewage cleaning

20 03 07

bulky waste

20 03 99

municipal wastes not otherwise specified

PART 3

List A (Annex II to the Basel Convention)

| Waste from Appendix 4, Part I of the OECD Decision. |
| --- |
| Y46 | Waste collected from households |
| Y47 | Residues arising from the incineration of household wastes |

Waste from Appendix 4, Part I of the OECD Decision.

Y46

Waste collected from households

Y47

Residues arising from the incineration of household wastes

List B

| Waste from Appendix 4, Part II of the OECD Decision. The wastes numbered AB 130, AC 250, AC 260 and AC 270 have been deleted since they have been considered, in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC, to be non-hazardous and therefore not subject to the export ban laid down in Article 36 of this Regulation. |
| --- |
| Metal Bearing Wastes |
| AA 010 | 261900 | Dross, scalings and other wastes from the manufacture of iron and steel (22) |
| AA 060 | 262050 | Vanadium ashes and residues |
| AA 190 | 810420
  ex 810430 | Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities |
| Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
| AB 030 | | Wastes from non-cyanide based systems which arise from surface treatment of metals |
| AB 070 | | Sands used in foundry operations |
| AB 120 | ex 281290
  ex 3824 | Inorganic halide compounds, not elsewhere specified or included |
| AB 150 | ex 382490 | Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD) |
| Wastes Containing Principally Organic Constituents, Which May Contain Metals and Inorganic Materials |
| AC 020 | | Bituminous materials (asphalt waste) not elsewhere specified or included |
| AC 060 | ex 381900 | Hydraulic fluids |
| AC 070 | ex 381900 | Brake fluids |
| AC 080 | ex 382000 | Antifreeze fluids |
| AC 150 | | Chlorofluorocarbons |
| AC 160 | | Halons |
| AC 170 | ex 440310 | Treated cork and wood wastes |
| Wastes Which May Contain either Inorganic or Organic Constituents |
| AD 090 | ex 382490 | Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included |
| AD 100 | | Wastes from non-cyanide based systems which arise from surface treatment of plastics |
| AD 120 | ex 391400
  ex 3915 | Ion exchange resins |
| AD 150 | | Naturally occurring organic material used as a filter medium (such as bio-filters) |
| Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials |
| RB 020 | ex 6815 | Ceramic based fibres of physico-chemical characteristics similar to those of
  asbestos |

Waste from Appendix 4, Part II of the OECD Decision. The wastes numbered AB 130, AC 250, AC 260 and AC 270 have been deleted since they have been considered, in accordance with the procedure referred to in Article 18 of Directive 75/442/EEC, to be non-hazardous and therefore not subject to the export ban laid down in Article 36 of this Regulation.

Metal Bearing Wastes

AA 010

261900

Dross, scalings and other wastes from the manufacture of iron and steel (22)

AA 060

262050

Vanadium ashes and residues

AA 190

810420

ex 810430

Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities

Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials

AB 030

Wastes from non-cyanide based systems which arise from surface treatment of metals

AB 070

Sands used in foundry operations

AB 120

ex 281290

ex 3824

Inorganic halide compounds, not elsewhere specified or included

AB 150

ex 382490

Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD)

Wastes Containing Principally Organic Constituents, Which May Contain Metals and Inorganic Materials

AC 020

Bituminous materials (asphalt waste) not elsewhere specified or included

AC 060

ex 381900

Hydraulic fluids

AC 070

ex 381900

Brake fluids

AC 080

ex 382000

Antifreeze fluids

AC 150

Chlorofluorocarbons

AC 160

Halons

AC 170

ex 440310

Treated cork and wood wastes

Wastes Which May Contain either Inorganic or Organic Constituents

AD 090

ex 382490

Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included

AD 100

Wastes from non-cyanide based systems which arise from surface treatment of plastics

AD 120

ex 391400

ex 3915

Ion exchange resins

AD 150

Naturally occurring organic material used as a filter medium (such as bio-filters)

Wastes Containing Principally Inorganic Constituents, Which May Contain Metals and Organic Materials

RB 020

ex 6815

Ceramic based fibres of physico-chemical characteristics similar to those of
  asbestos

---

(1)  Note that mirror entry on list B (B1160) does not specify exceptions.

(2)  This entry does not include scrap assemblies from electric power generation.

(3)  CBs are at a contration level of 50 mg/kg or more.

(4)  The 50 mg/kg level is considered to be an internationally practical level for all wastes. However, many individual countries have established lower regulatory levels (e.g. 20 mg/kg) for specific wastes.

(5)  ‘Out-dated’ means unused within the period recommended by the manufacturer.

(6)  This entry does not include wood treated with wood-preserving chemicals.

(7)  ‘Out-dated’ means unused within the period recommended by the manufacturer.

(8)  Note that even where low level contamination with Annex I materials initially exists, subsequent processes, including recycling processes, may result in separated fractions containing significantly enhanced concentrations of those Annex I materials.

(9)  The status of zinc ash is currently under review and there is a recommendation with United Nations Conference on Trade and Development (Unctad) that zinc ashes should not be dangerous goods.

(10)  This entry does not include scrap from electrical power generation.

(11)  Re-use can include repair, refurbishment or upgrading, but not major reassembly.

(12)  In some countries these materials destined for direct re-use are not considered wastes.

(13)  It is understood that such scraps are completely polymerized.

(14)






  —

| — | Post-consumer wastes are excluded from this entry. |
| --- | --- |

Post-consumer wastes are excluded from this entry.

| — | Wastes shall not be mixed. |
| --- | --- |

—

Wastes shall not be mixed.

| — | Post-consumer wastes are excluded from this entry. |
| --- | --- |

—

Post-consumer wastes are excluded from this entry.

| — | Wastes shall not be mixed. |
| --- | --- |

—

Wastes shall not be mixed.

| — | Problems arising from open-burning practices to be considered. |
| --- | --- |

—

Problems arising from open-burning practices to be considered.

| — | Post-consumer wastes are excluded from this entry. |
| --- | --- |

—

Post-consumer wastes are excluded from this entry.

| — | Wastes shall not be mixed. |
| --- | --- |

—

Wastes shall not be mixed.

| — | Problems arising from open-burning practices to be considered. |
| --- | --- |

—

Problems arising from open-burning practices to be considered.

(15)  When identifying a waste in the list below, the introduction to the Annex of Decision 2000/532/EC is relevant.

(16)  For the purpose of this list of wastes, PCBs will be defined as in Directive 96/59/EC.

(17)  hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass, etc.

(18)  For the purpose of this entry, transition metals are: Scandium, Vanadium, Manganese, Cobalt, Copper, Yttrium, Niobium, Hafnium, Tungsten, Titanium, Chromium, Iron, Nickel, Zinc, Zirconium, Molybdenum and Tantalum. These metals or their compounds are dangerous if they are classified as dangerous substances. The classification of dangerous substances shall determine which among those transition metals and which transition metal compounds are hazardous.

(19)  Stabilisation processes change the dangerousness of the constituents in the waste and thus transform hazardous waste into non hazardous waste. Solidification processes only change the physical state of the waste (e.g. liquid into solid) by using additives without changing the chemical properties of the waste.

(20)  A waste is considered as partly stabilised if after the stalibisation process dangerous constituents which have not been changed completely into non dangerous constituents could be released into the environment in short, middle or long term.

(21)  Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass, etc.

(22)  This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.

ANNEX VI

INFORMATION ACCOMPANYING SHIPMENTS OF WASTE LISTED IN ANNEX II AND DESTINED FOR RECOVERY (ARTICLE 17)

Image

ANNEX VII

CHEMICALS LISTED IN ANNEX A, B AND C OF THE STOCKHOLM CONVENTION

| Aldrin | CAS No 309-00-2 |
| --- | --- |
| Chlordane | CAS No 57-74-9 |
| Dieldrin | CAS No 60-57-1 |
| Endrin | CAS No 72-20-8 |
| Heptachlor | CAS No 76-44-8 |
| Hexachlorobenzene (HCB) | CAS No 118-74-1 |
| Mirex | CAS No 2385-85-5 |
| Toxaphene | CAS No 8001-35-2 |
| DDT (1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane) | CAS No 50-29-3 |
| Polychlorinated Biphenyls (PCB) | |
| Polychlorinated dibenzo-p-dioxins (PCDD) | |
| Polychlorinated dibenzofurans (PCDF) | |

Aldrin

CAS No 309-00-2

Chlordane

CAS No 57-74-9

Dieldrin

CAS No 60-57-1

Endrin

CAS No 72-20-8

Heptachlor

CAS No 76-44-8

Hexachlorobenzene (HCB)

CAS No 118-74-1

Mirex

CAS No 2385-85-5

Toxaphene

CAS No 8001-35-2

DDT (1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane)

CAS No 50-29-3

Polychlorinated Biphenyls (PCB)

Polychlorinated dibenzo-p-dioxins (PCDD)

Polychlorinated dibenzofurans (PCDF)

(PCBs, dioxins and furans do not have a CAS number because they are ‘families’ of molecules. There 209 different types of PCBs and around 175 Dioxins and around 100 Furans).

ANNEX VIII

GUIDELINES ON ENVIRONMENTALLY SOUND MANAGEMENT (ARTICLE 41)

I.   Guidelines adopted by the Conference of the Parties to the basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, as amended (1):

| 1. | Technical Guidelines on the Environmentally Sound Management of Biomedical and Health Care Wastes (Y1; Y3) (2). |
| --- | --- |

1.

Technical Guidelines on the Environmentally Sound Management of Biomedical and Health Care Wastes (Y1; Y3) (2).

| 2. | Technical Guidelines on the Environmentally Sound Management of Waste Lead Acid Batteries (2). |
| --- | --- |

2.

Technical Guidelines on the Environmentally Sound Management of Waste Lead Acid Batteries (2).

| 3. | Technical Guidelines on the Environmentally Sound Management of the Full and Partial Dismantling of Ships (2). |
| --- | --- |

3.

Technical Guidelines on the Environmentally Sound Management of the Full and Partial Dismantling of Ships (2).

II.   
  Guidelines adopted by the Regular Session of the Assembly of the International Maritime Organisation:

| 1. | Guidelines on Ship Recycling (3). |
| --- | --- |

1.

Guidelines on Ship Recycling (3).

III.   
  Guidelines adopted by the OECD Council:

| 1. | Technical guidance for the environmentally sound management of used and scrap personal computers (4). |
| --- | --- |

1.

Technical guidance for the environmentally sound management of used and scrap personal computers (4).

IV.   
  Guidelines adopted in the ILO meeting group:

| 1. | Guidelines on safety and health in shipbreaking (5). |
| --- | --- |

1.

Guidelines on safety and health in shipbreaking (5).

---

(1)  
  These guidelines are only applicable for waste shipments to OECD countries or shipments of non-hazardous waste for recovery to non-OECD countries.

(2)  Adopted by the sixth Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, 9-13 December 2002.

(3)  Adopted by the Assembly of the International Maritime Organisation at its 23rd Regular Session, 24 November to 5 December 2003.

(4)  ENV/EPOC/WGWPR(2001)3/FINAL.

(5)  Adopted by an ILO Meeting of Experts, 7-14 October 2003.

ANNEX IX

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P5_TA(2003)0506

Integrating and strengthening the European research area *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 2002/834/EC on the specific programme for research, technological development and demonstration: ‘Integrating and strengthening the European research area’ (2002-2006) (COM(2003) 390 — C5-0349/2003 — 2003/0151(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 390) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 390) (1),

| — | having regard to Article 166(4) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0349/2003), |
| --- | --- |

—

having regard to Article 166(4) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0349/2003),

| — | having regard to Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002-2006) (2), |
| --- | --- |

—

having regard to Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002-2006) (2),

| — | having regard to Council Decision 2002/834/EC of 30 September 2002 adopting a specific programme for research, technological development and demonstration: ‘Integrating and strengthening the European Research Area’ (2002-2006) (3), |
| --- | --- |

—

having regard to Council Decision 2002/834/EC of 30 September 2002 adopting a specific programme for research, technological development and demonstration: ‘Integrating and strengthening the European Research Area’ (2002-2006) (3),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0369/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0369/2003),

| 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 4 |
| (4) There is a great diversity among Member States concerning the ethical acceptability of various research fields and this is reflected in the national laws in accordance with the principle of subsidiarity. In particular, regulation and legislation
  of
  research using human embryos and human embryonic stem cells is handled very differently among Member States.
  The specific programme already provides that national provisions apply and no research forbidden in any given Member State will be supported by Community funding to a legal entity established in that State
  . | (4) There is a great diversity among Member States concerning the ethical acceptability of various research fields and this is reflected in the national laws in accordance with the principle of subsidiarity. In particular, regulation and legislation
  regarding
  research using human embryos
  created for the purpose of in vitro fertilisation and not used for this purpose any more (i.e. supernumerary embryos)
  and human embryonic stem cells is handled very differently among
  the
  Member States.
  Therefore this decision in no way affects national laws concerning embryonic stem cells. Nevertheless, Member States which allow research on human embryos and human embryonic stem cells with support from EU funding will be expected to have effective regulation in place. |
| Amendment 2 |
| RECITAL 5 |
| (5)
  In light of the current state of knowledge on human embryonic stem cells, new human embryonic stem cell lines, derived from human supernumerary embryos, are required. | (5)
  Articles 163 et seq of the Treaty establish Community competences with regard to research; these provisions state that the Community may complement the activities of the Member States with a view to achieving the objective of strengthening the scientific and technological bases of European industry, encouraging international competitiveness and promoting research activities. The use of human embryonic stem cells for research purposes should be strictly limited. |
| Amendment 3 |
| RECITAL 5a (new) |
| | (5a) The destruction of embryos in order to produce human embryonic stem cell lines should be subject to the prior agreement of the parents. |
| Amendment 4 |
| RECITAL 5b (new) |
| | (5b) The aims of stem cell research, especially the alleviation and cure of diseases which are currently not or not sufficiently treatable, are to be supported. |
| Amendment 5 |
| RECITAL 6 |
| (6) This decision is intended to apply specifically to Community funding of research activities
  involving the procurement of
  stem cells from
  human
  embryos
  created before 27 June 2002
  as a result of medically-assisted in vitro fertilisation designed to induce pregnancy and were no longer to be used for that purpose (supernumerary embryos). This decision amends the specific programme by introducing several conditions for deciding on the Community funding of such research. | (6) This decision is intended to apply specifically to Community funding of research activities
  using
  stem cells
  procured
  from embryos
  that have been produced
  as a result of medically-assisted in vitro fertilisation designed to induce pregnancy and were no longer to be used for that purpose (supernumerary embryos). This decision amends the specific programme by introducing several conditions for deciding on the Community funding of such research. |
| Amendment 6 |
| RECITAL 6a (new) |
| | (6a) According to an overwhelming majority of scientists, transplantation of human embryonic stem cells to patients will not be possible, for purely scientific reasons, during the time frame of the sixth research framework programme (until the end of 2006), because this approach is mainly at the stage of basic research and transplantation at the current moment would lead to non-calculable risks for the recipients. |
| Amendment 7 |
| RECITAL 6b (new) |
| | (6b) This decision concerns the use of human embryos for research only and not for therapeutic purposes. Research on human embryonic stem cells is desirable for the development of innovative treatments and, in particular, of treatments using adult stem cells. |
| Amendment 8 |
| RECITAL 7 |
| (7) The present conditions are based on the principles established by the European Group on Ethics, especially the fundamental ethical principles underlined in the opinion No 15: the principle of respect for human dignity (which requires provisions of guarantees against risks of arbitrary experimentation); the principle of human autonomy which entails the giving of informed consent and the protection of personal data; the principle of justice and of beneficence (namely with regard the improvement and protection of health); the principle of freedom of research (which should be balanced against other principles) and; the principle of proportionality (non-availability of adequate alternative methods in view of the scientific objectives to be reached). | (7) The present conditions are based on the principles established by the European Group on Ethics, especially the fundamental ethical principles underlined in opinion No 15: the principle of respect for human dignity (which requires provisions of guarantees against risks of arbitrary experimentation); the principle of human autonomy which entails the giving of informed consent and the protection of personal data; the principle of justice and of beneficence (in particular as regards the improvement and protection of health); the principle of freedom of research (which should be balanced against other principles); and the principle of proportionality (non-availability of adequate alternative methods in view of the scientific objectives to be reached).
  The experience from other scientific communities should also be used. |
| Amendment 9 |
| RECITAL 10a (new) |
| | (10a) The existence of so-called supernumerary embryos after artificial fertilisation constitutes an ethical dilemma, as the transplantation of such embryos to others than the genetic parents (embryo adoption) as well as the simple ‘letting die off’ of those embryos and making them available for research purposes is connected with ethical problems. As a consequence, efforts should be made to reduce the number of supernumerary embryos in the future, and the responsibility for this lies with the Member States. |
| Amendment 10 |
| ANNEX
  Annex I, point 1.1, paragraph 18, point (b) (Decision 2002/834/EC) |
| (b) | the human embryos used for the procurement of stem cells must
  have been created before 27 June 2002 as a result of medically-assisted in vitro fertilisation designed to induce pregnancy, and were no longer to be used for that purpose
  ; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 4

(4) There is a great diversity among Member States concerning the ethical acceptability of various research fields and this is reflected in the national laws in accordance with the principle of subsidiarity. In particular, regulation and legislation
  of
  research using human embryos and human embryonic stem cells is handled very differently among Member States.
  The specific programme already provides that national provisions apply and no research forbidden in any given Member State will be supported by Community funding to a legal entity established in that State
  .

(4) There is a great diversity among Member States concerning the ethical acceptability of various research fields and this is reflected in the national laws in accordance with the principle of subsidiarity. In particular, regulation and legislation
  regarding
  research using human embryos
  created for the purpose of in vitro fertilisation and not used for this purpose any more (i.e. supernumerary embryos)
  and human embryonic stem cells is handled very differently among
  the
  Member States.
  Therefore this decision in no way affects national laws concerning embryonic stem cells. Nevertheless, Member States which allow research on human embryos and human embryonic stem cells with support from EU funding will be expected to have effective regulation in place.

Amendment 2

RECITAL 5

(5)
  In light of the current state of knowledge on human embryonic stem cells, new human embryonic stem cell lines, derived from human supernumerary embryos, are required.

(5)
  Articles 163 et seq of the Treaty establish Community competences with regard to research; these provisions state that the Community may complement the activities of the Member States with a view to achieving the objective of strengthening the scientific and technological bases of European industry, encouraging international competitiveness and promoting research activities. The use of human embryonic stem cells for research purposes should be strictly limited.

Amendment 3

RECITAL 5a (new)

(5a) The destruction of embryos in order to produce human embryonic stem cell lines should be subject to the prior agreement of the parents.

Amendment 4

RECITAL 5b (new)

(5b) The aims of stem cell research, especially the alleviation and cure of diseases which are currently not or not sufficiently treatable, are to be supported.

Amendment 5

RECITAL 6

(6) This decision is intended to apply specifically to Community funding of research activities
  involving the procurement of
  stem cells from
  human
  embryos
  created before 27 June 2002
  as a result of medically-assisted in vitro fertilisation designed to induce pregnancy and were no longer to be used for that purpose (supernumerary embryos). This decision amends the specific programme by introducing several conditions for deciding on the Community funding of such research.

(6) This decision is intended to apply specifically to Community funding of research activities
  using
  stem cells
  procured
  from embryos
  that have been produced
  as a result of medically-assisted in vitro fertilisation designed to induce pregnancy and were no longer to be used for that purpose (supernumerary embryos). This decision amends the specific programme by introducing several conditions for deciding on the Community funding of such research.

Amendment 6

RECITAL 6a (new)

(6a) According to an overwhelming majority of scientists, transplantation of human embryonic stem cells to patients will not be possible, for purely scientific reasons, during the time frame of the sixth research framework programme (until the end of 2006), because this approach is mainly at the stage of basic research and transplantation at the current moment would lead to non-calculable risks for the recipients.

Amendment 7

RECITAL 6b (new)

(6b) This decision concerns the use of human embryos for research only and not for therapeutic purposes. Research on human embryonic stem cells is desirable for the development of innovative treatments and, in particular, of treatments using adult stem cells.

Amendment 8

RECITAL 7

(7) The present conditions are based on the principles established by the European Group on Ethics, especially the fundamental ethical principles underlined in the opinion No 15: the principle of respect for human dignity (which requires provisions of guarantees against risks of arbitrary experimentation); the principle of human autonomy which entails the giving of informed consent and the protection of personal data; the principle of justice and of beneficence (namely with regard the improvement and protection of health); the principle of freedom of research (which should be balanced against other principles) and; the principle of proportionality (non-availability of adequate alternative methods in view of the scientific objectives to be reached).

(7) The present conditions are based on the principles established by the European Group on Ethics, especially the fundamental ethical principles underlined in opinion No 15: the principle of respect for human dignity (which requires provisions of guarantees against risks of arbitrary experimentation); the principle of human autonomy which entails the giving of informed consent and the protection of personal data; the principle of justice and of beneficence (in particular as regards the improvement and protection of health); the principle of freedom of research (which should be balanced against other principles); and the principle of proportionality (non-availability of adequate alternative methods in view of the scientific objectives to be reached).
  The experience from other scientific communities should also be used.

Amendment 9

RECITAL 10a (new)

(10a) The existence of so-called supernumerary embryos after artificial fertilisation constitutes an ethical dilemma, as the transplantation of such embryos to others than the genetic parents (embryo adoption) as well as the simple ‘letting die off’ of those embryos and making them available for research purposes is connected with ethical problems. As a consequence, efforts should be made to reduce the number of supernumerary embryos in the future, and the responsibility for this lies with the Member States.

Amendment 10

ANNEX

Annex I, point 1.1, paragraph 18, point (b) (Decision 2002/834/EC)

(b)

the human embryos used for the procurement of stem cells must
  have been created before 27 June 2002 as a result of medically-assisted in vitro fertilisation designed to induce pregnancy, and were no longer to be used for that purpose
  ;

| (b) | the human embryos used for the procurement of stem cells must
  be ‘supernumerary’ early-stage (i.e. up to 14 days) human embryos (embryos genuinely created for the treatment of infertility so as to increase the success rate of in vitro fertilisation but no longer needed for that purpose and when destined for destruction); such research may be funded provided that it is legally permitted in the Member State(s) where it will be conducted under the rules and strict supervision of the competent authority/ies
  ; |
| --- | --- |

(b)

the human embryos used for the procurement of stem cells must
  be ‘supernumerary’ early-stage (i.e. up to 14 days) human embryos (embryos genuinely created for the treatment of infertility so as to increase the success rate of in vitro fertilisation but no longer needed for that purpose and when destined for destruction); such research may be funded provided that it is legally permitted in the Member State(s) where it will be conducted under the rules and strict supervision of the competent authority/ies
  ;

Amendment 12

ANNEX

Annex I, point 1.1, paragraph 18, point (e) (Decision 2002/834/EC)

| (e) | the free, express, written and informed consent of the donor(s) should
  be
  provided in accordance with national legislation prior to the
  start of the research activities
  ; |
| --- | --- |

(e)

the free, express, written and informed consent of the donor(s) should
  be
  provided in accordance with national legislation prior to the
  start of the research activities
  ;

| (e) | the free, express, written and informed consent of the donor(s) should
  have been
  provided in accordance with national legislation prior to the
  procurement of the cells
  ; |
| --- | --- |

(e)

the free, express, written and informed consent of the donor(s) should
  have been
  provided in accordance with national legislation prior to the
  procurement of the cells
  ;

Amendment 13

ANNEX

Annex I, point 1.1, paragraph 18, point (f) (Decision 2002/834/EC)

| (f) | no monetary compensation
  or other
  benefit in kind
  must
  be granted or promised for the donation; |
| --- | --- |

(f)

no monetary compensation
  or other
  benefit in kind
  must
  be granted or promised for the donation;

| (f) | no monetary compensation
  ,
  benefit in kind
  or other consideration may
  be granted or promised for the donation
  of embryos used for the procurement of stem cells
  ; |
| --- | --- |

(f)

no monetary compensation
  ,
  benefit in kind
  or other consideration may
  be granted or promised for the donation
  of embryos used for the procurement of stem cells
  ;

Amendment 14

ANNEX

Annex I, point 1.1, paragraph 18, point (g) (Decision 2002/834/EC)

| (g) | the protection of personal data, including the genetic data, of the donor(s) must
  be
  ensured; |
| --- | --- |

(g)

the protection of personal data, including the genetic data, of the donor(s) must
  be
  ensured;

| (g) | the protection of personal data, including the genetic data, of the donor(s) must
  have been
  ensured
  during the procurement
  ; |
| --- | --- |

(g)

the protection of personal data, including the genetic data, of the donor(s) must
  have been
  ensured
  during the procurement
  ;

Amendment 15

ANNEX

Annex I, point 1.1, paragraph 18, point (ga) (new) (Decision 2002/834/EC)

| (ga) | in order to monitor these conditions, the Commission sets up a European register of embryonic stem cells; in doing this, the Commission uses the experience of the NIH (National Institutes of Health); |
| --- | --- |

(ga)

Amendment 16

ANNEX

Annex I, point 1.1, paragraph 19 (Decision 2002/834/EC)

The scientific evaluation and the ethical review organised by the Commission of the research proposals shall include verification of these conditions. The conditions set out in point (c)
  and (d)
  shall be assessed
  during the scientific evaluation
  .

The scientific evaluation and the ethical review organised by the Commission of the research proposals shall include verification of these conditions. The conditions set out in point (c) shall be assessed
  by an independent scientific body created for this purpose including members involved in other kinds of cell research
  .

Amendment 17

ANNEX

Annex I, point 1.1, paragraph 19a (new) (Decision 2002/834/EC)

Projects with adult somatic stem cells and umbilical cord blood cells should be encouraged for research involving other types of stem cells without excluding comparative studies.

Amendment 18

ANNEX

Annex I, point 1.1, paragraph 20a (new) (Decision 2002/834/EC)

Research on the use of human stem cells may be financed depending on both the contents of the scientific proposal and the legal framework of the Member State(s) involved; research using adult stem cells and reprogrammed adult cells should receive priority for financing; there is no restriction on financing research on stem cell lines already existing in scientific laboratories. In addition, research on embryonic or foetal stem cells deriving from spontaneous or therapeutic abortion may be funded.

Amendment 19

ANNEX

Annex I, point 1.1, paragraph 22 (Decision 2002/834/EC)

A list of research projects involving the use of all types of human embryonic stem cells funded under the sixth framework programme will be published yearly by the Commission.

A list of research projects involving the use of all types of human
  adult or
  embryonic stem cells funded under the sixth framework programme will be published yearly by the Commission.
  In the case of research projects with embryonic stem cells, such publication must include a justification stating why other procedures were not usable.

---

(1)  Not yet published in the OJ.

(2)  OJ L 232, 29.8.2002, p. 1.

(3)  OJ L 294, 29.10.2002, p. 1.

P5_TA(2003)0507

Thematic Strategy for Soil Protection

European Parliament resolution on the Commission communication ‘Towards a Thematic Strategy for Soil Protection’ (COM(2002) 179 — C5-0328/2002 — 2002/2172(COS))

The European Parliament,

| — | having regard to the Commission communication (COM(2002) 179), |
| --- | --- |

—

having regard to the Commission communication (COM(2002) 179),

| — | having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (1), |
| --- | --- |

—

having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (1),

| — | having regard to the provisions laid down in Directives 92/43/EEC (2) (Habitats), 79/409/EEC (3) (Birds), 85/337/EEC (4) (Environmental Impact Assessment) and 2000/60/EC (5) (the Water Framework Directive) as regards the protection of ecosystems and their direct link with soil protection, |
| --- | --- |

—

having regard to the provisions laid down in Directives 92/43/EEC (2) (Habitats), 79/409/EEC (3) (Birds), 85/337/EEC (4) (Environmental Impact Assessment) and 2000/60/EC (5) (the Water Framework Directive) as regards the protection of ecosystems and their direct link with soil protection,

| — | having regard to Rule 47(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Agriculture and Rural Development and the Committee on Regional Policy, Transport and Tourism (A5-0354/2003), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Agriculture and Rural Development and the Committee on Regional Policy, Transport and Tourism (A5-0354/2003),

| A. | whereas soil is a key component of the earth's environment, is the interface between the hydrosphere, atmosphere and organisms inhabiting it, regulates natural material and energy cycles and is extremely sensitive to the effects of climate change and to human and historical activities, with the result that its structure and characteristics are the product of an age-old process, making it a non-renewable resource, |
| --- | --- |

A.

whereas soil is a key component of the earth's environment, is the interface between the hydrosphere, atmosphere and organisms inhabiting it, regulates natural material and energy cycles and is extremely sensitive to the effects of climate change and to human and historical activities, with the result that its structure and characteristics are the product of an age-old process, making it a non-renewable resource,

| B. | whereas soil provides the basis for human settlements, their economic activities and infrastructures, and there is consequently an urgent need to regulate its uses and assess and mitigate the impact of external actions, |
| --- | --- |

B.

whereas soil provides the basis for human settlements, their economic activities and infrastructures, and there is consequently an urgent need to regulate its uses and assess and mitigate the impact of external actions,

| C. | whereas, nevertheless, certain farming and forestry activities (conservation of terraces, controlled grazing in certain areas, the creation of crop mosaics) have been key factors in conserving soil as a resource and, consequently, abandoning these practices has given rise to significant problems of soil loss, |
| --- | --- |

C.

whereas, nevertheless, certain farming and forestry activities (conservation of terraces, controlled grazing in certain areas, the creation of crop mosaics) have been key factors in conserving soil as a resource and, consequently, abandoning these practices has given rise to significant problems of soil loss,

| D. | whereas the methodology of this thematic strategy must consider the cause-effect relationship, human or climatic impacts, the main causes of soil degradation and loss, contamination, acid rain, desertification and salinisation, sealing and compaction, floods and landslides, so as to propose a series of interlinking measures geared to promoting effective soil management, |
| --- | --- |

D.

whereas the methodology of this thematic strategy must consider the cause-effect relationship, human or climatic impacts, the main causes of soil degradation and loss, contamination, acid rain, desertification and salinisation, sealing and compaction, floods and landslides, so as to propose a series of interlinking measures geared to promoting effective soil management,

| E. | whereas excessively concentrated urbanisation and infrastructure construction, which do not always respect the environment, have boosted the consumption of natural soil, generated large compact areas which weaken citizens' relationship with the natural surroundings, fragmented land, changed water courses and increased the risks of floods, and whereas this process is becoming particularly unsustainable in many European coastal areas, |
| --- | --- |

E.

whereas excessively concentrated urbanisation and infrastructure construction, which do not always respect the environment, have boosted the consumption of natural soil, generated large compact areas which weaken citizens' relationship with the natural surroundings, fragmented land, changed water courses and increased the risks of floods, and whereas this process is becoming particularly unsustainable in many European coastal areas,

| F. | whereas a reduction in the use of pesticides, as well as a phase-out of the use of certain dangerous substances in pesticides, is necessary to minimise the problems relating to the quality of agricultural soils, |
| --- | --- |

F.

whereas a reduction in the use of pesticides, as well as a phase-out of the use of certain dangerous substances in pesticides, is necessary to minimise the problems relating to the quality of agricultural soils,

| G. | whereas the priorities for soil policy must include the decline in biodiversity, the processes of physical and chemical degradation triggered by erosion, desertification
  ,
  pollution and the decline in organic matter, |
| --- | --- |

G.

whereas the priorities for soil policy must include the decline in biodiversity, the processes of physical and chemical degradation triggered by erosion, desertification
  ,
  pollution and the decline in organic matter,

| H. | whereas there is a wide diversity of soil problems among and within the Member States and candidate countries, and soil pollution is much less of a cross-border problem than air or water pollution; whereas the added value of European action lies principally in the exchange of information, knowhow and best practice, |
| --- | --- |

H.

whereas there is a wide diversity of soil problems among and within the Member States and candidate countries, and soil pollution is much less of a cross-border problem than air or water pollution; whereas the added value of European action lies principally in the exchange of information, knowhow and best practice,

| I. | whereas soil protection is a precondition for achieving, inter alia, the objectives of Directive 2000/60/EC as regards preventing diffuse pollution, Directive 92/43/EEC as regards soil biodiversity and the Kyoto Protocol as regards the capacity of the soil and subsoil to retain CO2, |
| --- | --- |

I.

whereas soil protection is a precondition for achieving, inter alia, the objectives of Directive 2000/60/EC as regards preventing diffuse pollution, Directive 92/43/EEC as regards soil biodiversity and the Kyoto Protocol as regards the capacity of the soil and subsoil to retain CO2,

| J. | whereas it is necessary to consider the causes of the process of soil degradation taking account of the specific features of each European region and, in particular, the problems linked to Mediterranean soils seriously affected by phenomena such as forest fires or desertification, |
| --- | --- |

J.

whereas it is necessary to consider the causes of the process of soil degradation taking account of the specific features of each European region and, in particular, the problems linked to Mediterranean soils seriously affected by phenomena such as forest fires or desertification,

| 1. | Calls on the Commission to present, by July 2004, the thematic strategy for soil protection which should be based on the strengthening of current policies and, through an integrated approach, should define problems, qualitative and quantitative objectives and the means by which they can be achieved, timetables and general principles for evaluation and monitoring geared to the following:






  — | putting an end to the accumulation in soil of substances which pose an environmental and health hazard; |
| --- | --- | --- |

1.

Calls on the Commission to present, by July 2004, the thematic strategy for soil protection which should be based on the strengthening of current policies and, through an integrated approach, should define problems, qualitative and quantitative objectives and the means by which they can be achieved, timetables and general principles for evaluation and monitoring geared to the following:

—

putting an end to the accumulation in soil of substances which pose an environmental and health hazard;

| — | reversing the alarming trend towards erosion, compaction and sealing, the removal and contamination of soil; |
| --- | --- |

—

reversing the alarming trend towards erosion, compaction and sealing, the removal and contamination of soil;

| — | protecting soil in its role in storing CO2, securing water resources and preserving biodiversity; |
| --- | --- |

—

protecting soil in its role in storing CO2, securing water resources and preserving biodiversity;

| — | protecting soil for the sustainable production of food and renewable resources; |
| --- | --- |

—

protecting soil for the sustainable production of food and renewable resources;

| 2. | Urges the Commission to draw up by 2007, in cooperation with the Member States and the competent regional authorities, a scientific soil catalogue which should include the nature of the soil, its biography, health and vulnerability, degradation and erosion processes and contaminated areas, recognising the existence of high-value soils (in terms of agriculture, geology, ecology, history or the countryside) and the need to draw up recommendations for their conservation and sustainable use; stresses the importance of harmonising analytical methods to obtain comparable soil data; considers that the accessibility of existing information must also be improved, given that this is an important prerequisite for the necessary exchange of information and experience between Member States; |
| --- | --- |

2.

Urges the Commission to draw up by 2007, in cooperation with the Member States and the competent regional authorities, a scientific soil catalogue which should include the nature of the soil, its biography, health and vulnerability, degradation and erosion processes and contaminated areas, recognising the existence of high-value soils (in terms of agriculture, geology, ecology, history or the countryside) and the need to draw up recommendations for their conservation and sustainable use; stresses the importance of harmonising analytical methods to obtain comparable soil data; considers that the accessibility of existing information must also be improved, given that this is an important prerequisite for the necessary exchange of information and experience between Member States;

| 3. | Calls on the Commission, in this context, to establish, when the scientific soil catalogue is drawn up, a link between soil protection and soil use, since any scientific and taxonomic classification of soil, although of great interest, would be less effective without the creation of mechanisms for the constant surveillance of soil use (monitoring increases in irrigation, reclassification of protected areas, urban development on wetlands, construction of infrastructure on fertile soil, etc.); considers that, taking account of the subsidiarity principle, such use-surveillance mechanisms should be implemented in close collaboration with the Member States; |
| --- | --- |

3.

Calls on the Commission, in this context, to establish, when the scientific soil catalogue is drawn up, a link between soil protection and soil use, since any scientific and taxonomic classification of soil, although of great interest, would be less effective without the creation of mechanisms for the constant surveillance of soil use (monitoring increases in irrigation, reclassification of protected areas, urban development on wetlands, construction of infrastructure on fertile soil, etc.); considers that, taking account of the subsidiarity principle, such use-surveillance mechanisms should be implemented in close collaboration with the Member States;

| 4. | Calls on the Commission to draw up guidelines, addressed to the Member States and the competent regional authorities, for preventing, monitoring and controlling soil pollution; |
| --- | --- |

4.

Calls on the Commission to draw up guidelines, addressed to the Member States and the competent regional authorities, for preventing, monitoring and controlling soil pollution;

| 5. | Supports the Commission in collating and perfecting the existing databases and completing the maps in order to obtain a georeferenced system; approves, likewise, the creation of a digital geographic information system which would gather the currently fragmented information at appropriate levels and which would be accessible to the public; |
| --- | --- |

5.

Supports the Commission in collating and perfecting the existing databases and completing the maps in order to obtain a georeferenced system; approves, likewise, the creation of a digital geographic information system which would gather the currently fragmented information at appropriate levels and which would be accessible to the public;

| 6. | Calls on the Commission, in line with the SOVEUR report (6), to carry out an audit to provide a methodical assessment and mapping of European soil, taking into account the need for a specific approach based on three main principles: precaution, anticipation and prevention; believes that these principles, in the spirit of the FAO World Soil Charter, should be designed to prevent soil erosion and desertification; |
| --- | --- |

6.

Calls on the Commission, in line with the SOVEUR report (6), to carry out an audit to provide a methodical assessment and mapping of European soil, taking into account the need for a specific approach based on three main principles: precaution, anticipation and prevention; believes that these principles, in the spirit of the FAO World Soil Charter, should be designed to prevent soil erosion and desertification;

| 7. | Proposes to the Commission, once the catalogues and diagnoses have been completed, that European soils be zonified, taking account of geographic, climatic and typological heterogeneity, including uses and risks and its proposals for feasible monitoring at the appropriate levels; |
| --- | --- |

7.

Proposes to the Commission, once the catalogues and diagnoses have been completed, that European soils be zonified, taking account of geographic, climatic and typological heterogeneity, including uses and risks and its proposals for feasible monitoring at the appropriate levels;

| 8. | Calls on the Commission to study the possibility of adopting a system of specific soil indicators which will make it possible to trace the development of the state of soil in line with the steps taken, starting with an initial diagnosis; points out, in this connection, that there are already systems proposed by the European Environment Agency and the OECD (pressure-state-response system) which could be adopted in the thematic strategy; |
| --- | --- |

8.

Calls on the Commission to study the possibility of adopting a system of specific soil indicators which will make it possible to trace the development of the state of soil in line with the steps taken, starting with an initial diagnosis; points out, in this connection, that there are already systems proposed by the European Environment Agency and the OECD (pressure-state-response system) which could be adopted in the thematic strategy;

| 9. | Considers it necessary for soil protection to be better integrated into Community policies, in particular, soil protection should be taken into account in the context of the common agricultural policy (CAP), on (regional) infrastructure projects co-financed by the European Union both in connection with the Trans-European Networks, and when granting support from the Structural and Cohesion Funds and preaccession aid; |
| --- | --- |

9.

Considers it necessary for soil protection to be better integrated into Community policies, in particular, soil protection should be taken into account in the context of the common agricultural policy (CAP), on (regional) infrastructure projects co-financed by the European Union both in connection with the Trans-European Networks, and when granting support from the Structural and Cohesion Funds and preaccession aid;

| 10. | Calls on the Commission to make cross compliance compulsory for all payments under the CAP, ensuring that all relevant aspects of soil protection are covered in the definition of ‘good agricultural and environmental condition’, including mandatory soil management plans, providing free impartial data and advice to all farmers, in both arable and pastoral systems; |
| --- | --- |

10.

Calls on the Commission to make cross compliance compulsory for all payments under the CAP, ensuring that all relevant aspects of soil protection are covered in the definition of ‘good agricultural and environmental condition’, including mandatory soil management plans, providing free impartial data and advice to all farmers, in both arable and pastoral systems;

| 11. | Supports the Commission's initiative to draw up a legislative proposal, the nature of which should be determined in the thematic strategies, on the creation of a system for monitoring soil and possible compaction; |
| --- | --- |

11.

Supports the Commission's initiative to draw up a legislative proposal, the nature of which should be determined in the thematic strategies, on the creation of a system for monitoring soil and possible compaction;

| 12. | Calls on the Commission to review existing legislation with a view to the improved integration of soil protection and, through supplementary proposals, to ensure that greater account is taken of soil protection in the Integrated Pollution Prevention and Control Directive and the Strategic Environmental Assessment Directive; |
| --- | --- |

12.

Calls on the Commission to review existing legislation with a view to the improved integration of soil protection and, through supplementary proposals, to ensure that greater account is taken of soil protection in the Integrated Pollution Prevention and Control Directive and the Strategic Environmental Assessment Directive;

| 13. | Calls on the Commission to take account, in the legislative initiatives which will ensue from its thematic strategy, of the role played by agriculture in revitalising soil and the importance of maintaining farming activity, above all in regions facing the greatest risk of depopulation; believes that suitable soil uses in agriculture, grassland or woodland are basic factors in soil preservation; |
| --- | --- |

13.

Calls on the Commission to take account, in the legislative initiatives which will ensue from its thematic strategy, of the role played by agriculture in revitalising soil and the importance of maintaining farming activity, above all in regions facing the greatest risk of depopulation; believes that suitable soil uses in agriculture, grassland or woodland are basic factors in soil preservation;

| 14. | Considers it necessary to establish a formal definition of models of agriculture and types of crops which coexist in the EU (sustainable organic farming with minimum tillage, dry farming, farming on irrigated land, pastureland, farming without land, and mountain or dry pastures) and their different effects on soil, so that environmental measures are diversified in line with the characteristics of farming and its benefits for the soil; |
| --- | --- |

14.

Considers it necessary to establish a formal definition of models of agriculture and types of crops which coexist in the EU (sustainable organic farming with minimum tillage, dry farming, farming on irrigated land, pastureland, farming without land, and mountain or dry pastures) and their different effects on soil, so that environmental measures are diversified in line with the characteristics of farming and its benefits for the soil;

| 15. | Calls on the Commission to provide an incentive, through the CAP's environmental flanking programmes, for practices geared towards soil conservation and to promote, through suitable EAGGF support, the crops and uses which are most appropriate to the soil characteristics and the economic and social context; stresses, in this connection, the role which legumes might play in preserving vegetal cover and the wealth of fauna in certain regions, since the capacity of these crops to hold nitrogen makes it possible to use fewer fertilisers; |
| --- | --- |

15.

Calls on the Commission to provide an incentive, through the CAP's environmental flanking programmes, for practices geared towards soil conservation and to promote, through suitable EAGGF support, the crops and uses which are most appropriate to the soil characteristics and the economic and social context; stresses, in this connection, the role which legumes might play in preserving vegetal cover and the wealth of fauna in certain regions, since the capacity of these crops to hold nitrogen makes it possible to use fewer fertilisers;

| 16. | Calls on the Commission to prepare a localised diagnosis of the impact of CAP reform on soil health, which should include rural depopulation (and its socio-economic and environmental consequences), the centralisation of aid and market liberalisation, and calls, likewise, for the environmental measures under the CAP to include measures relating to the protection and conservation of soil and water resources, including specific measures with financial support; |
| --- | --- |

16.

Calls on the Commission to prepare a localised diagnosis of the impact of CAP reform on soil health, which should include rural depopulation (and its socio-economic and environmental consequences), the centralisation of aid and market liberalisation, and calls, likewise, for the environmental measures under the CAP to include measures relating to the protection and conservation of soil and water resources, including specific measures with financial support;

| 17. | Considers it necessary, even though there are saline soils of high intrinsic value, to create the mechanisms required to control salinisation processes and evaluate irrigation schemes which may have an adverse impact on rivers or groundwater flows; recommends, likewise, drawing up guides to good farming practice, strengthening the capacities and responsibility of regional and local administrations; |
| --- | --- |

17.

Considers it necessary, even though there are saline soils of high intrinsic value, to create the mechanisms required to control salinisation processes and evaluate irrigation schemes which may have an adverse impact on rivers or groundwater flows; recommends, likewise, drawing up guides to good farming practice, strengthening the capacities and responsibility of regional and local administrations;

| 18. | Urges the Commission to revise Directive 86/278/EEC (7) on the use of sewage sludge and draw up a directive on compost; stresses the need to intensify research in this field so as to boost its potential for the recovery of soil lacking in organic matter and bring together waste management and soil protection and enrichment; |
| --- | --- |

18.

Urges the Commission to revise Directive 86/278/EEC (7) on the use of sewage sludge and draw up a directive on compost; stresses the need to intensify research in this field so as to boost its potential for the recovery of soil lacking in organic matter and bring together waste management and soil protection and enrichment;

| 19. | Calls on the Commission and the Member States to ensure that sacred sites, riverbanks, old-growth forests, wetlands and salt marshes are excluded from possible urbanisation, compaction or exploitation, in both the thematic strategy on the urban environment and the regional planning instruments; considers that sites with contaminated soil can be used for certain purposes permitted by planning law subject to pollution-specific requirements relating to remediation or protection; |
| --- | --- |

19.

Calls on the Commission and the Member States to ensure that sacred sites, riverbanks, old-growth forests, wetlands and salt marshes are excluded from possible urbanisation, compaction or exploitation, in both the thematic strategy on the urban environment and the regional planning instruments; considers that sites with contaminated soil can be used for certain purposes permitted by planning law subject to pollution-specific requirements relating to remediation or protection;

| 20. | Calls on the Commission to draw up guidelines for the recovery of contaminated soil in urban and fringe areas including: an appropriate definition of soil typologies allowing their possible uses to be characterised, the setting of sufficient periods of time for their recovery, research into the use of simpler and more efficient systems and experimental biological treatment techniques, and soil history; |
| --- | --- |

20.

Calls on the Commission to draw up guidelines for the recovery of contaminated soil in urban and fringe areas including: an appropriate definition of soil typologies allowing their possible uses to be characterised, the setting of sufficient periods of time for their recovery, research into the use of simpler and more efficient systems and experimental biological treatment techniques, and soil history;

| 21. | Asks that, in carrying out impact assessments on underground and surface infrastructure and urban construction projects, Member States should consider the effects on natural surface or underground water flows, including measures to conserve permeable soil, and that account should also be taken of the impact of the fragmentation of natural water flows, sites and habitats when plans are drawn up; calls, likewise, for the Environmental Impact and Strategic Environmental Assessment Directives to be applied when implementing the urban and regional thematic strategy; |
| --- | --- |

21.

Asks that, in carrying out impact assessments on underground and surface infrastructure and urban construction projects, Member States should consider the effects on natural surface or underground water flows, including measures to conserve permeable soil, and that account should also be taken of the impact of the fragmentation of natural water flows, sites and habitats when plans are drawn up; calls, likewise, for the Environmental Impact and Strategic Environmental Assessment Directives to be applied when implementing the urban and regional thematic strategy;

| 22. | Highlights the need to integrate soil protection objectives in spatial planning strategies and to commit itself to the further development of the European Spatial Development Perspective; calls on the Commission, in the communication that it is due to submit in 2003 on ‘Planning and Environment — the territorial dimension’, to study ways of preventing the soil sealing which occurs when new areas are assigned for urban development and infrastructure; calls for rules to be introduced bringing land use into line with soil characteristics, taking account of social values, and putting an end to the indiscriminate sealing of land; |
| --- | --- |

22.

Highlights the need to integrate soil protection objectives in spatial planning strategies and to commit itself to the further development of the European Spatial Development Perspective; calls on the Commission, in the communication that it is due to submit in 2003 on ‘Planning and Environment — the territorial dimension’, to study ways of preventing the soil sealing which occurs when new areas are assigned for urban development and infrastructure; calls for rules to be introduced bringing land use into line with soil characteristics, taking account of social values, and putting an end to the indiscriminate sealing of land;

| 23. | Takes the view that the topography, structure and natural form of the land must be respected in housing development processes in the interests of sustainable development; considers it necessary, further, to restrict soil sealing and the distortion of natural rock and land formations, and considers it necessary to exercise greater control over the disappearance of soil and prevent the environmental and visual impact of large-scale excavations to extract aggregate; |
| --- | --- |

23.

Takes the view that the topography, structure and natural form of the land must be respected in housing development processes in the interests of sustainable development; considers it necessary, further, to restrict soil sealing and the distortion of natural rock and land formations, and considers it necessary to exercise greater control over the disappearance of soil and prevent the environmental and visual impact of large-scale excavations to extract aggregate;

| 24. | Notes, in connection with transport, that road infrastructure in particular, and to a lesser extent rail infrastructure, can constitute a threat to the soil through covering and impacting (by pressure from heavy vehicles) and the bisection of eco-systems; stresses in this connection the importance of water transport, as set out inter alia in the White Paper on Transport, and the need, for projects in the framework of the Trans-European Networks, to carry out environmental impact assessments pursuant to Directive 2001/42/EC (8); calls on the Commission to encourage the use of innovative sustainable technologies and products in road-building, such as Very Open-graded Asphalt Concrete; |
| --- | --- |

24.

Notes, in connection with transport, that road infrastructure in particular, and to a lesser extent rail infrastructure, can constitute a threat to the soil through covering and impacting (by pressure from heavy vehicles) and the bisection of eco-systems; stresses in this connection the importance of water transport, as set out inter alia in the White Paper on Transport, and the need, for projects in the framework of the Trans-European Networks, to carry out environmental impact assessments pursuant to Directive 2001/42/EC (8); calls on the Commission to encourage the use of innovative sustainable technologies and products in road-building, such as Very Open-graded Asphalt Concrete;

| 25. | Considers it necessary to gain greater understanding of the functions performed by species which live in the soil, the nutrient cycle and the water cycle; believes it is crucial to apply the precautionary principle and to make sure that the Sixth Environmental Action Programme and EU environmental legislation such as the Habitats, Birds and Water Framework Directives are fully respected; further believes that Community policies should be revised, where necessary, to better protect the natural balance by preventing decline in biodiversity; |
| --- | --- |

25.

Considers it necessary to gain greater understanding of the functions performed by species which live in the soil, the nutrient cycle and the water cycle; believes it is crucial to apply the precautionary principle and to make sure that the Sixth Environmental Action Programme and EU environmental legislation such as the Habitats, Birds and Water Framework Directives are fully respected; further believes that Community policies should be revised, where necessary, to better protect the natural balance by preventing decline in biodiversity;

| 26. | Urges the Commission to design a system for providing a reliable and up-to-date estimate of the costs and economic implications of soil degradation as an integral part of the thematic strategy for soil protection; |
| --- | --- |

26.

Urges the Commission to design a system for providing a reliable and up-to-date estimate of the costs and economic implications of soil degradation as an integral part of the thematic strategy for soil protection;

| 27. | Considers that the desertification process affecting various regions in the Union and its socio-economic repercussions and impact on the natural environment have not been adequately reflected or met with sufficient awareness in certain Community bodies; urges the Commission to submit a communication on desertification immediately; calls on the Commission, consequently, to include in it a Community action programme containing a precise description of the zonification of regions affected or likely to be affected by the desertification process, together with a detailed analysis of the causes and socio-economic effects on the regions and their consequences for the human environment, the natural environment and the water cycle, and to identify appropriate Community actions to help to limit the negative effects of that process; |
| --- | --- |

27.

Considers that the desertification process affecting various regions in the Union and its socio-economic repercussions and impact on the natural environment have not been adequately reflected or met with sufficient awareness in certain Community bodies; urges the Commission to submit a communication on desertification immediately; calls on the Commission, consequently, to include in it a Community action programme containing a precise description of the zonification of regions affected or likely to be affected by the desertification process, together with a detailed analysis of the causes and socio-economic effects on the regions and their consequences for the human environment, the natural environment and the water cycle, and to identify appropriate Community actions to help to limit the negative effects of that process;

| 28. | Agrees with the Commission's description of erosion as an ‘EU-wide problem’ and calls on the Commission to initiate a Community-level action programme taking appropriate account of coastal erosion, which threatens not only residential areas but also infrastructure and cultural sites; |
| --- | --- |

28.

Agrees with the Commission's description of erosion as an ‘EU-wide problem’ and calls on the Commission to initiate a Community-level action programme taking appropriate account of coastal erosion, which threatens not only residential areas but also infrastructure and cultural sites;

| 29. | Calls on the Commission to study the implications of climate change for erosion and the desertification process and develop proposals for the Member States with a view to mitigating its effects; |
| --- | --- |

29.

Calls on the Commission to study the implications of climate change for erosion and the desertification process and develop proposals for the Member States with a view to mitigating its effects;

| 30. | Calls on the Commission to maintain and promote new aid for the prevention of forest fires, a key factor in soil erosion which is a particularly serious phenomenon in the Mediterranean countries; considers that, in addition to aid for fire prevention, more funding needs to be allocated to maintain the traditional soil management practices which have proved so beneficial for their conservation; |
| --- | --- |

30.

Calls on the Commission to maintain and promote new aid for the prevention of forest fires, a key factor in soil erosion which is a particularly serious phenomenon in the Mediterranean countries; considers that, in addition to aid for fire prevention, more funding needs to be allocated to maintain the traditional soil management practices which have proved so beneficial for their conservation;

| 31. | Stresses the importance of sustainable forest management for soil protection and calls on the Member States to take measures to prohibit urban development on forest land damaged by fire and to ensure that its recovery is based on suitable species which will not have adverse effects on the environmental and water balance in the region; |
| --- | --- |

31.

Stresses the importance of sustainable forest management for soil protection and calls on the Member States to take measures to prohibit urban development on forest land damaged by fire and to ensure that its recovery is based on suitable species which will not have adverse effects on the environmental and water balance in the region;

| 32. | Recommends that soil research be reviewed, so as to encourage research into the relationship between agriculture and soil, crops with a water deficit and other measures against desertification, as well as research into the effects of artificial fertilisers and plant protection products on soil biodiversity, with priority being given to interdisciplinary research; considers it necessary to include research on urbanisation processes and the impact of soil sealing; |
| --- | --- |

32.

Recommends that soil research be reviewed, so as to encourage research into the relationship between agriculture and soil, crops with a water deficit and other measures against desertification, as well as research into the effects of artificial fertilisers and plant protection products on soil biodiversity, with priority being given to interdisciplinary research; considers it necessary to include research on urbanisation processes and the impact of soil sealing;

| 33. | Insists that any planning and soil conservation strategy should include objectives relating to environmental education geared to those sectors and agents who, through their incorrect practices, contribute to soil degradation (farmers, the food industry, farms producing slurry, the wood extraction sector, etc.); |
| --- | --- |

33.

Insists that any planning and soil conservation strategy should include objectives relating to environmental education geared to those sectors and agents who, through their incorrect practices, contribute to soil degradation (farmers, the food industry, farms producing slurry, the wood extraction sector, etc.);

| 34. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States and accession countries. |
| --- | --- |

34.

Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States and accession countries.

---

(1)  OJ L 242, 10.9.2002, p. 1.

(2)  OJ L 206, 22.7.1992, p. 7.

(3)  OJ L 103, 25.4.1979, p. 1.

(4)  OJ L 175, 5.7.1985, p. 40.

(5)  OJ L 327, 22.12.2000, p. 1.

(6)  Van Lynden, G. W., 2000. Soil degradation in Central and Eastern Europe: The assessment of the status of humaninduced soil degradation. FAO-ISRIC, Rome.

(7)  OJ L 181, 4.7.1986, p. 6.

(8)  OJ L 197, 21.7.2001, p. 30.

P5_TA(2003)0508

Waste Framework Directive

European Parliament resolution on the follow-up report on Council Directive 75/442/EEC (Waste Framework Directive) (COM(2003) 250 — 2003/2124(INI))

The European Parliament,

| — | having regard to the Commission report on the implementation of Community waste legislation for the period 1998-2000 (COM(2003) 250), |
| --- | --- |

—

having regard to the Commission report on the implementation of Community waste legislation for the period 1998-2000 (COM(2003) 250),

| — | having regard to Council Directive 75/442/EEC of 15 July 1975 on waste (1), |
| --- | --- |

—

having regard to Council Directive 75/442/EEC of 15 July 1975 on waste (1),

| — | having regard to its resolution of 14 November 1996 on the communication from the Commission on the review of the Community strategy for waste management and the draft Council resolution on waste policy (2) and to the Council resolution of 24 February 1997 on a Community strategy for waste management (3), |
| --- | --- |

—

having regard to its resolution of 14 November 1996 on the communication from the Commission on the review of the Community strategy for waste management and the draft Council resolution on waste policy (2) and to the Council resolution of 24 February 1997 on a Community strategy for waste management (3),

| — | having regard to its resolution of 16 September 1998 (4) on the communication from the Commission to the European Parliament and the Council concerning the application of the directives on waste management, |
| --- | --- |

—

having regard to its resolution of 16 September 1998 (4) on the communication from the Commission to the European Parliament and the Council concerning the application of the directives on waste management,

| — | having regard to its resolution of 3 April 2001 (5) on the Commission Green Paper on environmental issues of PVC, |
| --- | --- |

—

having regard to its resolution of 3 April 2001 (5) on the Commission Green Paper on environmental issues of PVC,

| — | having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (6), particularly Article 8 thereof, |
| --- | --- |

—

having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (6), particularly Article 8 thereof,

| — | having regard to the judgments of the Court of Justice of the European Communities, particularly in Cases C-203/96, C-365/97, C-209/98, C-418/99, C-419/99, C-228/00 and C-458/00, |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Communities, particularly in Cases C-203/96, C-365/97, C-209/98, C-418/99, C-419/99, C-228/00 and C-458/00,

| — | having regard to Articles 2 and 6 of the EC Treaty, by virtue whereof environmental protection requirements must be integrated into the various sectors of Community policy with the aim of promoting an environmentally sustainable development of economic activities, |
| --- | --- |

—

having regard to Articles 2 and 6 of the EC Treaty, by virtue whereof environmental protection requirements must be integrated into the various sectors of Community policy with the aim of promoting an environmentally sustainable development of economic activities,

| — | having regard to Article 175 of the EC Treaty, |
| --- | --- |

—

having regard to Article 175 of the EC Treaty,

| — | having regard to Rule 47(2) and Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(2) and Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Petitions (A5-0394/2003), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Petitions (A5-0394/2003),

| A. | whereas all Member States submitted their reports late, Portugal and Ireland indeed more than a year after the deadline; whereas in the case of some Member States, even after having received reminders from the Commission, significant shortcomings remain, |
| --- | --- |

A.

whereas all Member States submitted their reports late, Portugal and Ireland indeed more than a year after the deadline; whereas in the case of some Member States, even after having received reminders from the Commission, significant shortcomings remain,

| B. | whereas Article 3(1) of Directive 75/442/EEC requires Member States to take appropriate measures to encourage inter alia the prevention or reduction of waste production and its harmfulness, |
| --- | --- |

B.

whereas Article 3(1) of Directive 75/442/EEC requires Member States to take appropriate measures to encourage inter alia the prevention or reduction of waste production and its harmfulness,

| C. | whereas Article 4 of Directive 75/442/EEC requires Member States to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, |
| --- | --- |

C.

whereas Article 4 of Directive 75/442/EEC requires Member States to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment,

| D. | whereas Article 7(1) of Directive 75/442/EEC requires the competent authorities in the Member States to draw up as soon as possible one or more waste management plans to attain the objectives of environmentally sound waste treatment referred to in Articles 3, 4 and 5 thereof and to comply with the principles of proximity and self-sufficiency, |
| --- | --- |

D.

whereas Article 7(1) of Directive 75/442/EEC requires the competent authorities in the Member States to draw up as soon as possible one or more waste management plans to attain the objectives of environmentally sound waste treatment referred to in Articles 3, 4 and 5 thereof and to comply with the principles of proximity and self-sufficiency,

| E. | whereas Article 8(1) of the Sixth Community Environment Action Programme includes the following objectives:






  — | a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable production and consumption patterns, |
| --- | --- | --- |

E.

whereas Article 8(1) of the Sixth Community Environment Action Programme includes the following objectives:

—

a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable production and consumption patterns,

| — | a significant reduction in the quantity of waste going to disposal and the volumes of hazardous waste produced, while avoiding an increase of emissions to air, water and soil, |
| --- | --- |

—

a significant reduction in the quantity of waste going to disposal and the volumes of hazardous waste produced, while avoiding an increase of emissions to air, water and soil,

| — | encouraging re-use and for wastes that are still generated: the level of their hazardousness should be reduced and they should present as little risk as possible; preference should be given to recovery and especially to recycling; the quantity of waste for disposal should be minimised and should be safely disposed of; waste intended for disposal should be treated as closely as possible to the place of its generation, to the extent that this does not lead to a decrease in the efficiency in waste treatment operations, |
| --- | --- |

—

encouraging re-use and for wastes that are still generated: the level of their hazardousness should be reduced and they should present as little risk as possible; preference should be given to recovery and especially to recycling; the quantity of waste for disposal should be minimised and should be safely disposed of; waste intended for disposal should be treated as closely as possible to the place of its generation, to the extent that this does not lead to a decrease in the efficiency in waste treatment operations,

| F. | whereas Article 8(2)(ii) of the Sixth Community Environment Action Programme includes the following priority actions to develop and implement measures on waste prevention and management:






  — | developing a set of quantitative and qualitative reduction targets covering all relevant waste, to be achieved at Community level by 2010, inviting the Commission to prepare a proposal for such targets by 2002, |
| --- | --- | --- |

F.

whereas Article 8(2)(ii) of the Sixth Community Environment Action Programme includes the following priority actions to develop and implement measures on waste prevention and management:

—

developing a set of quantitative and qualitative reduction targets covering all relevant waste, to be achieved at Community level by 2010, inviting the Commission to prepare a proposal for such targets by 2002,

| — | the formulation of operational measures to encourage waste prevention, e.g. stimulating re-use and recovery, the phasing out of certain substances and materials through product-related measures, |
| --- | --- |

—

the formulation of operational measures to encourage waste prevention, e.g. stimulating re-use and recovery, the phasing out of certain substances and materials through product-related measures,

| G. | whereas pursuant to Article 8(2)(iv) of the Sixth Community Environment Action Programme these objectives are to be pursued by means, inter alia, of the following actions:






  — | developing or revising various directives on waste, |
| --- | --- | --- |

G.

whereas pursuant to Article 8(2)(iv) of the Sixth Community Environment Action Programme these objectives are to be pursued by means, inter alia, of the following actions:

—

developing or revising various directives on waste,

| — | clarification of the distinction between waste and non-waste, |
| --- | --- |

—

clarification of the distinction between waste and non-waste,

| — | development of adequate criteria for the further elaboration of Annex IIA (disposal operations) and IIB (recovery) of the Directive 75/442/EEC, |
| --- | --- |

—

development of adequate criteria for the further elaboration of Annex IIA (disposal operations) and IIB (recovery) of the Directive 75/442/EEC,

| H. | whereas in many Member States the definition of waste does not correspond to that given in Article 1 of Directive 75/442/EEC, although the obligation for it to do so has been in force since 1993; whereas, consequently, unacceptable disparities exist between Member States (7), |
| --- | --- |

H.

whereas in many Member States the definition of waste does not correspond to that given in Article 1 of Directive 75/442/EEC, although the obligation for it to do so has been in force since 1993; whereas, consequently, unacceptable disparities exist between Member States (7),

| I. | whereas, partly in the light of the judgments of the Court of Justice of the EC concerning the scope of the definition of waste, a new definition of waste will not result in greater clarity, |
| --- | --- |

I.

whereas, partly in the light of the judgments of the Court of Justice of the EC concerning the scope of the definition of waste, a new definition of waste will not result in greater clarity,

| J. | whereas progress has been made in comparison with the previous reporting period as regards the drafting of waste management plans, but in some parts of the European Union these plans are still unsatisfactory; whereas in 2002 the Court of Justice confirmed that France, Italy and the United Kingdom had not implemented any waste management plans, |
| --- | --- |

J.

whereas progress has been made in comparison with the previous reporting period as regards the drafting of waste management plans, but in some parts of the European Union these plans are still unsatisfactory; whereas in 2002 the Court of Justice confirmed that France, Italy and the United Kingdom had not implemented any waste management plans,

| K. | whereas most Member States have not indicated what they have done about waste prevention and recovery since 1997; whereas the average quantity of domestic refuse generated per capita of the population in the European Union has risen from approximately 400 kg to approximately 500 kg since the previous reporting period (1995-1997); whereas the generation of hazardous waste continues to increase in many countries; whereas the continuing increases in waste generation raise serious questions about the implementation of Article 3(1)(a) of Directive 75/442/EEC, |
| --- | --- |

K.

whereas most Member States have not indicated what they have done about waste prevention and recovery since 1997; whereas the average quantity of domestic refuse generated per capita of the population in the European Union has risen from approximately 400 kg to approximately 500 kg since the previous reporting period (1995-1997); whereas the generation of hazardous waste continues to increase in many countries; whereas the continuing increases in waste generation raise serious questions about the implementation of Article 3(1)(a) of Directive 75/442/EEC,

| L. | whereas the recycling rates for domestic refuse vary widely in the various Member States: five Member States (Austria, Belgium, Germany, the Netherlands and Sweden) have achieved rates of over 40% while five Member States (France, Greece, Ireland, Italy and the United Kingdom) have achieved less than 10 %, |
| --- | --- |

L.

whereas the recycling rates for domestic refuse vary widely in the various Member States: five Member States (Austria, Belgium, Germany, the Netherlands and Sweden) have achieved rates of over 40% while five Member States (France, Greece, Ireland, Italy and the United Kingdom) have achieved less than 10 %,

| M. | whereas the most widely used method of waste disposal is still dumping; whereas five Member States even dump more than 60% of their waste; whereas incineration of waste with recovery of energy is the second most widely used method of disposal, although waste is no longer incinerated at all in Ireland and Greece, |
| --- | --- |

M.

whereas the most widely used method of waste disposal is still dumping; whereas five Member States even dump more than 60% of their waste; whereas incineration of waste with recovery of energy is the second most widely used method of disposal, although waste is no longer incinerated at all in Ireland and Greece,

| N. | whereas most Member States dispose of nearly all their waste themselves, |
| --- | --- |

N.

whereas most Member States dispose of nearly all their waste themselves,

| O. | whereas in Greece 59,6% of waste is disposed of at sites which do not comply with current legislation, |
| --- | --- |

O.

whereas in Greece 59,6% of waste is disposed of at sites which do not comply with current legislation,

| P. | whereas the Commission has opened infringement procedures against Greece, Italy and France in connection with illegal waste-disposal sites, |
| --- | --- |

P.

whereas the Commission has opened infringement procedures against Greece, Italy and France in connection with illegal waste-disposal sites,

| Q. | whereas the Court of Justice has confirmed in its Case C-209/98 that a Member State may take measures with regard to the transport of waste if such transport does not accord with its waste management plan on condition that the plan accords with the rules of the EC Treaty and Directive 75/442/EEC, |
| --- | --- |

Q.

whereas the Court of Justice has confirmed in its Case C-209/98 that a Member State may take measures with regard to the transport of waste if such transport does not accord with its waste management plan on condition that the plan accords with the rules of the EC Treaty and Directive 75/442/EEC,

| R. | whereas different market conditions exist in the European Union; whereas, for example, there is no ban on the dumping of waste in Belgium (Wallonia), Greece, Ireland, Italy, Portugal, Spain and the United Kingdom and whereas taxes on the dumping of waste differ between Member States and there is no such tax in Germany, Greece, Ireland, Portugal and Spain, |
| --- | --- |

R.

whereas different market conditions exist in the European Union; whereas, for example, there is no ban on the dumping of waste in Belgium (Wallonia), Greece, Ireland, Italy, Portugal, Spain and the United Kingdom and whereas taxes on the dumping of waste differ between Member States and there is no such tax in Germany, Greece, Ireland, Portugal and Spain,

| S. | whereas recent judgments of the Court of Justice of the EC concerning the distinctions between different methods of recovery and final disposal have resulted in uncertainty about the classification of recovery and disposal as referred to in Annex II to Directive 75/442/EEC, |
| --- | --- |

S.

whereas recent judgments of the Court of Justice of the EC concerning the distinctions between different methods of recovery and final disposal have resulted in uncertainty about the classification of recovery and disposal as referred to in Annex II to Directive 75/442/EEC,

| T. | whereas Article 2(2) of Directive 75/442/EEC on waste provides that specific rules on the management of particular categories of waste may be laid down by means of individual Directives, |
| --- | --- |

T.

whereas Article 2(2) of Directive 75/442/EEC on waste provides that specific rules on the management of particular categories of waste may be laid down by means of individual Directives,

| 1. | Concludes that, in general, Member States do not take their obligations to report to the Commission seriously enough; |
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1.

Concludes that, in general, Member States do not take their obligations to report to the Commission seriously enough;

| 2. | Calls on the Commission to initiate proceedings pursuant to Article 226 of the EC Treaty against Member States whose reports still display serious shortcomings; |
| --- | --- |

2.

Calls on the Commission to initiate proceedings pursuant to Article 226 of the EC Treaty against Member States whose reports still display serious shortcomings;

| 3. | Observes that, due to the inadequate reports submitted by Member States, it is not sufficiently clear to what extent Directive 75/442/EEC has been implemented and the objectives described therein have been achieved; observes, furthermore, that the Member States often do not notify the Commission, pursuant to Article 3(2) of Directive 75/442/EEC, of the measures which they adopt in order to achieve the objectives laid down in that Directive; |
| --- | --- |

3.

Observes that, due to the inadequate reports submitted by Member States, it is not sufficiently clear to what extent Directive 75/442/EEC has been implemented and the objectives described therein have been achieved; observes, furthermore, that the Member States often do not notify the Commission, pursuant to Article 3(2) of Directive 75/442/EEC, of the measures which they adopt in order to achieve the objectives laid down in that Directive;

| 4. | Calls upon the Commission to exercise its powers in order to ensure that the national measures intended to achieve the objectives laid down in Article 3(2) of Directive 75/442/EEC are notified to the Commission; |
| --- | --- |

4.

Calls upon the Commission to exercise its powers in order to ensure that the national measures intended to achieve the objectives laid down in Article 3(2) of Directive 75/442/EEC are notified to the Commission;

| 5. | Does not question the current definition of waste; urges all the Member States to incorporate the definition of waste laid down in Article 1 of Directive 75/442/EEC in their domestic legislation; considers that, if necessary, the Commission should make use of its powers to force the Member States concerned to do so; |
| --- | --- |

5.

Does not question the current definition of waste; urges all the Member States to incorporate the definition of waste laid down in Article 1 of Directive 75/442/EEC in their domestic legislation; considers that, if necessary, the Commission should make use of its powers to force the Member States concerned to do so;

| 6. | Urges Member States to draw up waste management plans or, where they exist, to improve them, on the baiss that these should provide, first and foremost, for measures to encourage the prevention or reduction of waste production; considers that the Commission should supervise and monitor the development and implementation of national waste management plans so that they are in line with the Community legislation; |
| --- | --- |

6.

Urges Member States to draw up waste management plans or, where they exist, to improve them, on the baiss that these should provide, first and foremost, for measures to encourage the prevention or reduction of waste production; considers that the Commission should supervise and monitor the development and implementation of national waste management plans so that they are in line with the Community legislation;

| 7. | Notes that the objective of stabilising waste production in 2000 at the 1985 level of 300 kg per capita of the population, as laid down in the Fifth Environment Action Programme, is not being attained; urges the Member States to make far greater efforts to prevent and reduce waste generation, in particular that of hazardous waste, and to prioritise prevention or reduction of waste production in their waste management plans; |
| --- | --- |

7.

Notes that the objective of stabilising waste production in 2000 at the 1985 level of 300 kg per capita of the population, as laid down in the Fifth Environment Action Programme, is not being attained; urges the Member States to make far greater efforts to prevent and reduce waste generation, in particular that of hazardous waste, and to prioritise prevention or reduction of waste production in their waste management plans;

| 8. | Regrets that the Commission has not yet adopted proposals to develop a set of quantitative and qualitative reduction targets covering all relevant waste, to be achieved at Community level by 2010; considers that the current statistics, although still partly deficient, can and need to serve as a starting point for the adoption of reduction targets if the 2010 target is to be met, given that the first set of harmonised statistics will only be available in 2006 at the earliest; reiterates its invitation to the Commission to come forward with such a proposal, at the latest before the end of its mandate; |
| --- | --- |

8.

Regrets that the Commission has not yet adopted proposals to develop a set of quantitative and qualitative reduction targets covering all relevant waste, to be achieved at Community level by 2010; considers that the current statistics, although still partly deficient, can and need to serve as a starting point for the adoption of reduction targets if the 2010 target is to be met, given that the first set of harmonised statistics will only be available in 2006 at the earliest; reiterates its invitation to the Commission to come forward with such a proposal, at the latest before the end of its mandate;

| 9. | Calls on the Member States to find ways to promote the separate collection of recyclable waste, since it has been identified as a fundamental shortcoming in achieving higher levels of recycling; |
| --- | --- |

9.

Calls on the Member States to find ways to promote the separate collection of recyclable waste, since it has been identified as a fundamental shortcoming in achieving higher levels of recycling;

| 10. | Urges Member States which are not satisfactorily implementing or are delaying the application of directives on waste to implement them and urges the Commission to make optimum use of its powers to ensure this; |
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10.

Urges Member States which are not satisfactorily implementing or are delaying the application of directives on waste to implement them and urges the Commission to make optimum use of its powers to ensure this;

| 11. | Calls upon the Commission to open Article 226 infringement procedures for failure to comply with Directive 75/442/EEC (taking into account the judgment of the Court of Justice in Case C-365/97) against all the Member States in which illegal or unsupervised waste-disposal sites exist; |
| --- | --- |

11.

Calls upon the Commission to open Article 226 infringement procedures for failure to comply with Directive 75/442/EEC (taking into account the judgment of the Court of Justice in Case C-365/97) against all the Member States in which illegal or unsupervised waste-disposal sites exist;

| 12. | Calls on the Commission to propose measures to enable Member States to become or remain self-sufficient in waste disposal, applying the proximity principle as appropriate; |
| --- | --- |

12.

Calls on the Commission to propose measures to enable Member States to become or remain self-sufficient in waste disposal, applying the proximity principle as appropriate;

| 13. | Considers that all Member States must make available sufficient recovery and recycling capacity for domestic refuse and that domestic refuse intended for incineration must not be exported to other Member States or to third countries; |
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13.

Considers that all Member States must make available sufficient recovery and recycling capacity for domestic refuse and that domestic refuse intended for incineration must not be exported to other Member States or to third countries;

| 14. | Considers that all Member States must make available sufficient incineration capacity for domestic refuse, recovering energy from it, as regards fractions for which no alternative ways of treating waste located higher in the EU waste hierarchy are available, such as the re-use and recycling of materials; |
| --- | --- |

14.

Considers that all Member States must make available sufficient incineration capacity for domestic refuse, recovering energy from it, as regards fractions for which no alternative ways of treating waste located higher in the EU waste hierarchy are available, such as the re-use and recycling of materials;

| 15. | Calls on Member States, insofar as there is an open market for waste management in the European Community, to eliminate distortions caused by incomplete implementation of European Union directives; |
| --- | --- |

15.

Calls on Member States, insofar as there is an open market for waste management in the European Community, to eliminate distortions caused by incomplete implementation of European Union directives;

| 16. | Calls on the Commission to check that the waste directives are implemented in such a way as to prevent unfair competition due to cost differentials, thus avoiding the flow of waste to environmentally inferior treatment operations; |
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16.

Calls on the Commission to check that the waste directives are implemented in such a way as to prevent unfair competition due to cost differentials, thus avoiding the flow of waste to environmentally inferior treatment operations;

| 17. | Calls on the Commission to review Directive 75/442/EEC with a view to establishing clear and enforceable conditions for the definition of waste disposal and waste recovery operations, and to actively monitor the proper implementation thereof; considers that these conditions should be based on minimum quality criteria such as:






  — | calorific value of the waste to be incinerated, |
| --- | --- | --- |

17.

Calls on the Commission to review Directive 75/442/EEC with a view to establishing clear and enforceable conditions for the definition of waste disposal and waste recovery operations, and to actively monitor the proper implementation thereof; considers that these conditions should be based on minimum quality criteria such as:

—

calorific value of the waste to be incinerated,

| — | emissions of pollutants into air, water and soil, |
| --- | --- |

—

emissions of pollutants into air, water and soil,

| — | separation of waste flows, |
| --- | --- |

—

separation of waste flows,

| — | energy efficiency of incineration/co-incineration plants, |
| --- | --- |

—

energy efficiency of incineration/co-incineration plants,

| — | capacity to destroy organic components, |
| --- | --- |

—

capacity to destroy organic components,

| — | capacity to concentrate inorganic components or dramatically reduce their volume, |
| --- | --- |

—

capacity to concentrate inorganic components or dramatically reduce their volume,

| — | absence of hazardous substances in the end-product of co-incineration; |
| --- | --- |

—

absence of hazardous substances in the end-product of co-incineration;

| 18. | Calls on the Commission and Member States to set up a permanent waste Steering and Advisory Committee, along the lines of the existing structures applying to the Clean Air For Europe Strategy, so as to allow thorough and consistent monitoring and coordination of implementation of current waste legislation and stakeholder consultation on all waste legislation; |
| --- | --- |

18.

Calls on the Commission and Member States to set up a permanent waste Steering and Advisory Committee, along the lines of the existing structures applying to the Clean Air For Europe Strategy, so as to allow thorough and consistent monitoring and coordination of implementation of current waste legislation and stakeholder consultation on all waste legislation;

| 19. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

19.

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

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(1)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2)  OJ C 362, 2.12.1996, p. 241.

(3)  OJ C 76, 11.3.1997, p. 1.

(4)  OJ C 313, 12.10.1998, p. 99.

(5)  OJ C 21 E, 24.1.2002, p. 112.

(6)  OJ L 242, 10.9.2002, p. 1.

(7)  Italy has a definition which does not correspond — see the judgments of the Court of Justice; Luxembourg has not implemented the EWC; Austria and the United Kingdom likewise apply disparate definitions.

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